Aldie, VA asked in Immigration Law for Virginia

Q: how relevant is an assault (in 1995) on your record if you are immigrating to the US from Canada?

My father is looking to immigrate to the US from Canada. He has an assault on his record (which occurred in 1995) for which he was arrested and later had his sentence suspended with 12 months of probation. In Canada, this is considered a criminal conviction from what I am told. How damaging would this be to the application and could he be denied a path to citizenship?

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Chicago, IL

A: Your dad has to tell the truth, show remorse, and demonstrate good moral character. This is an old conviction, so he ought to be able to overcome any concerns.

He has the right to representation, outside the interview and through correspondence. Any representation is best engaged before a decision or State Department application is completed.

The consular official must decide whether he or she has a reasonable belief that your dad is somehow disqualified. If so, what must be done. Additional documents may be requested. Your father will have to comply with all requests. He will be required to maintain contact with the consulate or embassy should there be a significant delay.

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