[cg_2008]

I'm a Canadian Permanent Resident, 68 years old living with my son and his family. About 7 months back I applied for renewal of my Permanent Resident Card, after 4 months when they started processing they reached me out to submit copies of all pages of my previous 2 passports even if blank, which I sent them, however it seems my case is stalled again. I've completed my residency period, although my period was not continuous in breaks. I used to divide time between my two sons.
I've completed about 824 days where as 730 days is required for minimum to maintain residency.
About 2 years ago I was charged with a criminal offence, for accidentally taking $8 item from the store, which was withdrawn in my first court date. I have no criminal history what so ever and have always been obedient.

I suspect couple of things that may have stalled the case
1) my incident with the store, although the case was completely withdrawn. I suspect this may be making their decision tough
2) One of my stamps on the passport was not clear enough because of the ink, while I think they have my ins and out of the country from CBSA

Given the scenario, I want to check if these could be grounds for refusal to renew the PR Card and they are processing my deportation. Is there any action I could take so that I can successfully renew my PR Card.

I've called the call center several times, they say my case is under investigation and not routine and there is no time they could provide. Please help me what I should be doing? I've an upcoming trip as well in next 2 months as well.

[ma0641]

"I've called the call center several times, they say my case is under investigation and not routine and there is no time they could provide." Asked and answered. Not much WE can do for you, it looks like you have been doing the best you can.

[joypulv]

I would postpone the next trip out of the country.
Once someone is flagged, no matter how minor the reasons, your case goes into another area of processing. It won't be sorted by type of offense or how many trips you have taken. You can't plead for it to go faster. You could hire a lawyer, but there's no guarantee that that will speed it up.

When someone is charged with shoplifting, the 'accidental' story doesn't work, and it is assumed that it is done a lot but that the person just doesn't get caught all the other times. The fact that charges were dropped (they dropped it to save money) isn't really relevant to this application. But I think there's a reasonable chance that you will be approved when they do finally get to your file. That's just a guess. We don't even know what country you are from, or how sensitive that country might be with immigration.

[cg_2008]

Thanks for your response joypul! I'm worried in speculating the worst outcome.My family means a lot to me. It was indeed a mistake (my carelessness) Idon't shop at all. Any how they will not understand, I think all they care that I was charged. I'll try to talk to a lawyer. Are you a immigration consultant?

[AK lawyer]

... I'll try to talk to a lawyer. ...

It goes without saying: that is an excellent idea.

... I think they have my ins and out of the country from CBSA...

What is CBSA?

[joypulv]

I am not an immigration consultant, nor am I knowledgeable about which countries Canada can't wait to send people back to, for their reasons of the moment. For all anyone knows, they are checking up on your whole family. Not because of you, but as part of a computer program to flag certain countries.
Try to understand bureaucracies, very large ones. A computer flags an arrest. It flags trips out of Canada and back. It doesn't care what the arrest was for or the final disposition, or that you were just visiting family. Those flags send your file elsewhere for review. That department has thousands of other files ahead of yours. And so on! It may not even have been looked at by actual living humans yet.

CBSA = Canada Bureau Services Agency

[tickle]

It goes without saying: that is an excellent idea.



What is CBSA?

Canadian Border Services Agency

The fact that OP stole something, and was charged, however small is not the point, it was the intent of theft that may be the turning point in the whole process Of denying her.

[AK lawyer]

Canadian Border Services Agency

The fact that OP stole something, and was charged, however small is not the point, it was the intent of theft that may be the turning point in the whole process Of denying her.

Strictly speaking, "accidentally taking $8 item from the store", is not theft, if there was no intent to take it without paying, it would be a simple mistake. I understand, however, that CBSA might want to second-guess the prosecutor who apparently decided to be lenient.

[tickle]

Strictly speaking, "accidentally taking $8 item from the store", is not theft, if there was no intent to take it without paying, it would be a simple mistake. I understand, however, that CBSA might want to second-guess the prosecutor who apparently decided to be lenient.

Operative word 'accidentally' come on AK really. How does one walk out with an item without paying for it, accidentally? It is seen as a theft no matter what, and that is why her whole immigration process is held up.

[cg_2008]

Thank you for your response, I did not intend to portray my innocence that this discussion led to; I know even if I tried it would not be believed; such stories have been badly abused. It was a mistake, I understand that intentions are almost impossible to prove over actions unless someone evaluating knows you. This was certainly not in this case. Also it is hard to judge about the withdrawal, whether this was done based on flaws in the disclosure, saving cost of prosecution or looking into my past blank history also given my age.

I’m practical, I realize I have a record however I believe it would not be justified if the officer dealing my case does not consider the disposition of this case or does not consider my past history or phase of life I’m in.

I was going through CIC website; it says if the charges are withdrawn then person is not considered inadmissible while other cases it does. In my case there is no conviction. I’m looking if I would get a chance to renew my residency. I trust officer discretion plays a major role.

I want to see what could be possible outcomes. If someone experience in such cases can suggested looking in my case.
1) I’ll be refused
2) I’ll be called for an interview
3) I’ll be given a chance to prove myself in immigration court
4) My residency will be renewed after investigation
Also I’d like to understand how much time they take to decide such cases.

[AK lawyer]

Operative word 'accidentally' come on AK really. How does one walk out with an item without paying for it, accidentally? ...

I've done it. Once, many years ago, I went into a store to look for a few things. I saw one item (a package of writing paper or something) which I needed, and picked it up. I of course planned to pay for it on the way out and continued shopping.

Then, when I was done shopping, I walked out of the store, completely forgetting that I had merchandise in my hand. Moments later, it dawned on me. I said to myself "Oh [fill in the blank)!", and hurried back in to buy the item.

It can happen.

[cg_2008]

I've done it. Once, many years ago, I went into a store to look for a few things. I saw one item (a package of writing paper or something) which I needed, and picked it up. I of course planned to pay for it on the way out and continued shopping.

Then, when I was done shopping, I walked out of the store, completely forgetting that I had merchandise in my hand. Moments later, it dawned on me. I said to myself "Oh [fill in the blank)!", and hurried back in to buy the item.

It can happen.

Thank you AK lawyer! It is amost impossible to prove intentions, often there are other distractions that can lead to this kind of an act. It does not resonate well with the most unless they land into such inadvertent situation.

Can sombody comment on my questions in the previous post, experienced in the area?