Criminal Immigration Lawyer
Q.Regarding criminal rehabilitation, Part of Section 18 (2) of the new regs state: "The following persons are members of the class of persons deemed to have been rehabilitated" I am seeking clarification of the term "deemed to have been rehabilitated." Does this mean that if a person fits the criteria listed under this part of the regs, that he doesn't have to apply for criminal rehabilitation in order to be admissible to Canada because he has already been rehabilitated? Specifically, if a person was convicted of a minor drug offence (possession of marijuana) in the U.S. in 1986, was sentenced to 10 years of probation, and released from probation in February 1993, and has had no further arrests since that time, would he be "deemed to be rehabilitated" now?
A.Even if application for Criminal Rehabilitation is not approved (although I don't really see any reason for refusal here) then there is a Minister's Permit. Timeline mentioned in the application kit is just the extreme case scenario and I can't see why your PR application process may be substantially delayed or jeopardized;. Just make sure that application for Criminal Rehabilitation is well prepared and supported - I strongly advise seeking assistance of criminal lawyer in the preparation. Not until February 2003 - when 10 years will pass after the completion of imposed sentence (probation is imposed sentence too). So, now the Criminal Rehabilitation is still needed.
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