Immigration Canada - PanCanadian Immigration Law Group

Criminal Inadmissibility

Discussion in 'Criminal Charges and Convictions' started by S Pal, Apr 21, 2014.

  1. S Pal

    S Pal New Member


    I have sponsored my parents in October 2009 and recently the sponsorship case was denied. The denial letter states that under section 36(2)(b) one of my parents are criminally inadmissible. Both of my parents are permanent resident of the United States.

    We are highly considering to appeal this decision and want to know the appeal process. In the denial letter towards the end it also states that he is not allowed to enter Canada even as a visitor which he could normally do before. I would also like to know what are my options regarding having my father freely come to Canada as a visitor. From what I have read online it mentions about applying for rehabilitation, or a temporary visitor permit. It has already been more than 5 years since the last day of his sentence which was on May 15, 2008. Is he considered to be deemed rehabilitated?

    Please advice.

  2. Panusa

    Panusa Administrator Staff Member

    You only have 30 days to appeal to the Immigration Appeal Division (there are some restrictions on whether you can appeal the criminal inadmissibility finding, but most can be appealed). You should do that right away if possible.

    As part of the appeal process, there is an alternative dispute resolution process that is very useful if there has been a misunderstanding or miscommunication.
  3. Niren789

    Niren789 New Member

    Having a criminal record can definitely affect your parent's chances of getting a visa. Are they trying to get full sponsorship?
  4. First tell that have your one of the parents really convicted a crime or this is the misconseption? If yes, then you can apply for the deemed rehabiliation.
  5. edwin iraheta

    edwin iraheta New Member

    I use to live in Canada, I applied for refugee but was refused, then I stayed illegal living in Canada until someone reported me with Canada Immigration and the deportation was enforced but I paid my airplane ticket and I was NOT escorted. I got married before living Canada and we applied for Family Sponsorship but I was declared Inadmissible to enter to Canada. Now I am divorced but we have a 5 years old daughter, my ex-wife is in disability due to an accident she had one year ago, do I have any option to return to Canada to support them?
  6. Panusa

    Panusa Administrator Staff Member

    Depends on why exact you were denied. It's possible that a humanitarian and compassionate application is in the cards.

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