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DUI treated as a misdemeanor

 
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ajax



Joined: 19 Jun 2006
Posts: 2

PostPosted: Tue Jun 20, 2006 6:48 am    Post subject: DUI treated as a misdemeanor Reply with quote

Hello,

I hope someone will be able to help me to clarify my situation regarding a possibility to immigrate to Canada. In 2000 while studing in the USA (i am not american) I got 2 DUI. The first one was treated as a misdemeanor. In the second one I got charded with class A misdemeanor and class D felony. My plea guilty to misdemeanor was accepted and felony charges were dismissed. I was charged with a class A misdemeanor, one-year term of incarceration was suspended, I was placed on probation of a period of one year, my driving privileges were suspended for a period of one year, fines of 627.50 USD were imposed and I also was required to do community service and substance abuse program.
My last charge was completed in March 2002 when I got my driving license back. I left the USA in October 2002 and worked in Germany since. At the moment I am strongly considering the possibility of immigrating to Canada as a Skilled Worker. From the research I did so far follows that I can apply for a Pardon after waiting 5 years from the moment of last sentence's completion which would be in my case in March 2007. Is that correct?
Also, can I do any steps in immigration procedure before the Parole is granted?
Thanks a lot for any feedback regarding my case

Mikhail
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Ron Liberman



Joined: 30 Oct 2004
Posts: 773

PostPosted: Thu Jun 22, 2006 12:25 am    Post subject: Reply with quote

Hi Mikhail,

Technically you would not be seeking a Pardon. A Pardon is only available for offenses committed in Canada, not elsewhere. What you would be doing is Applying for Rehabilitation, and you can do this, as you correctly state, 5 years after completion of your sentence. Before that time you can apply for a Temporay Residenty Permit issued at the discretion of the Minister, but are unlikely to be granted one in the absence of any strong motivating factors to admit you to Canada e.g. because you have a Canadian spouse, would be employed to do work that would be strongly beneficial to Canada etc.

You can try submitting a complete application before you are rehabilitated, but you are taking a risk because the entire application could simply be refused on the grounds that you are inadmissible, and you would have lost the application processing fees you paid.
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ajax



Joined: 19 Jun 2006
Posts: 2

PostPosted: Thu Jun 22, 2006 3:35 am    Post subject: Reply with quote

Hi Ron,

Thanks a lot for your information, so regarding immigration, if i understand the terms right my offences are multiple and treated as indictable. Therefore, i can not claim being 'deemed rehabilitated' at any moment of time but can apply for rehabilitation as u described.
Just one more question - if I get a job offer from Canada say, for instance, to work as a reseacher at some university, will my history impair my chances to get a work permit and a visa to work in Canada?
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Ron Liberman



Joined: 30 Oct 2004
Posts: 773

PostPosted: Fri Jun 23, 2006 8:37 pm    Post subject: Reply with quote

Yes it would, and you would have to apply for rehabilitation.
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Knaggs49



Joined: 26 Jun 2017
Posts: 1

PostPosted: Wed Jun 28, 2017 4:17 am    Post subject: Reply with quote

I know it’s quite an old thread now but just wanted to add my views on it as something similar happened with my cousin too. Though he had hired one of top Los Angeles DUI lawyer at http://www.duilawyerlosangeles.com/ but still he has gone now for rehab and I hope he will be able to live a normal life now.
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