Some Useful Info - PR Status Valid or Not

S

skwk

Registered Users (C)
Thought I wanted to share this.

Landed in Canada in Jan 1999. Spent a day in Canada and returned. Never been to canada and have been working in US ever since. Needed info on what will happen at the border, will I be turned back or something. Everyone I talked to in Canada gave me different answers, noone is sure. Finally, I called the CIC center in Canada (get numbers from http://www.cic.gc.ca/english/contacts/call.html).

People are very courteous.

- Best case scenario
Border post agent asks a few questions and is satisfied and I enter Canada, no problems. Get my case build for citizenship inside canada.

- Worst case scenario
Border post agent is not satisfied and sends me to the immigration officer at the border post. I tell them that I have not been to Canda for three+ years. The immigration officer write up a report and allows me to ENTER Canada. I have to contact the immigration center within canada, the Judge is going to edetermine my case. It takes about 4-6 months before a decision shall be made. I can use a lawyer to try to prove that my stay outside canada was a necessity. It is upto the descretion of the judge to decide. Hopefully, one can save deportation.

The bottom line is that according to the immigration officer, even if I am outside Canada for 10 years and as long as I am in possession of the landing document, the agent cannot refuse me entry in Canada. Worst scenarios is that my residentship will be redetermined INSIDE Canada. The judge can institute that I get citizenship after 6 years rather than 3 or other things.

guys and gals please call (http://www.cic.gc.ca/english/contacts/call.html) the immigration office directly to get your queries answered. That is the best way to do it.

Another piece of information, the passport stamp is not important. It is landing document that is important. Your passport can get expired and therefore, the stamp is not needed at all.

I hope this helps.
 
Hi,
Basically i was in the same boat as you were. I landed in Canadaand stay there for 3 hours and came back to USA. I have stay and work in USA for over three years and went back with no problem I have filed for my citizenship. The trick is you have to lie to the Immigration officers at the border to make them believe that you are coming back after a short trip. It works for me and i just got back to USA a month ago after applying for my citizenship. I don't care what anyone else say, i did!!!!!! I hope this willl HELP
 
skwk
Thank you for sharing this valuable info.

Yah thats right if you have landing papers immigration cant refuse your entry into Canada. But there is some confusion that how they are going to treat anyone with an expired landing papers.

Out of the two scenarios you mentioned, lets always hope for the good scenario. But it is important not to reveal your long absence from Canada at the border post, because by law you loose your PR status if continously out of Canada for more than three years. So better to tell them, as siddiqi101 also mentioned,
that you were out for very short time (few days or hours). If you tell them even few weeks they will ask you more questions, this has happened to me once.

And stamp on passport is important at the time of citizenship test as judge checks the passport and all stamps on it.

siddiqi101
I am almost on the same boat as you are on, and thinking of applying for citizenship. But in the current uncertain climate there are some real concerns. I also talked to CIC the lady told me 10 months but I also heard that it is taking almost 12-14 months now in citizenship process because of great rush and security clearance etc.
Anyway Siddiqi did you recieve any reply from CIC or acknowledgement ? Did you also apply for PR card as after Dec 03, PR card is a must to enter Canada so you might need that if citizenship process takes longer than a year ?
thanx
 
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Thanks for the update. I have applied in September 2002 for my citizenship. So far i ha ve not received anything. I call CIC today and they don't even discuss the case with you if time frame is less than 10 months. So i guess i will be waiting. As for my PR card, i am eligible in June 2002. I will apply in June 2003.
 
Yes i have been filing my yearly taxes on a regular basis. I usually go through from Port Huron. they are little bit reasonable than any other border post. I recommend definately coming through Port huron.
As far as what they had ask me when i came last time? They ask me so many question for about twenty minutes. I think they enjoy their power(INS Officer). I can't discuss what he had ask me here but you should be prepared to answer any question.
 
I don't, but i am working on H1-B in USA. DO you know anything about this new law for requiring Visa before Entering to USA? Does that apply to current H1-B holders as well?
 
one more Q for Sidiqi,

In your application for citizenship, what address in Canada have you used for the last 3 years that you were absent?
 
I have a friend living in Canada and i have used his address. Yes i always have H1-B. GoodLuck on your border crossing. I have waited for three months and then i applied for my citizenship.
 
Siddiqi, thank you.
Now I am planning to go there for this purpose. I will keep you posted for anything special I found. Please dont forget to update me if you hear anything from CIC regarding your case, you can also PM me.
 
TruenBlue,
When you are planning to go, i am planning to go back next motnh as well. SInce they are implementing the new rule, i am thinking about getting a VISA stamp from US Embassy in toronto. Why are you going? Hey can you also please tell me if you are only PR of Canada or you have H1-B visa? Are you going their to apply for your citizenship. Let me know? Good luck
 
I am Pakistani by birth, what is your name? I have hung up the phone with my friend and he told me that he was stopped and sent back last week because when they check his finger print they found out that he had voilated some INS law 5 years ago. He was refused entry on the Tronto Ariport. He told me that don't come here until and unless it is Urgently important. I am also thinking about going there but i guess i am going to wait because it's not safe right now. You are also right if you apply for a visa it is taking more than month to get it. What do you think?
 
Q for siddiqi101

siddiqi101,

You friend who was refused entry - is he a Canadian Citizen or Canadian PR holder? What was his purpose to visit U.S. just pleasure or he is here on H-1b? Please let us know so that we all know what is going on here....

Thanks,

RamFan
 
My friend is Canadian Citizen and he has been to USA mutiple times. They checked him due to his Asian background and took his finger prints.
I am really scraed to go to Canada now, even thou i have valid H1-b. Just to let you know that INS Officer can refused entry to even H1-B as well.
 
Siddiqi
for pakistani citizens visa processing may take 60 days or more thats what one counselor officer told me. I also PMed you please check that out.
 
So if i understand you correctly, you are telling me if i go to Toronto and apply for my H1-B visa their then i will be stuck their for 60 days.
There got to be another way out of this mess. I need to Visa stamp to my passport. Did you call Toronto USA Embassy yourself or someone told you 60 days wait. Please let me know ASAP. Did you know anyone who got Visa through embassy lately.
 
No, there is no way out. One will not be able to lie or get the visa stamp by hook or crook anymore. It is to the descretion of the Consular officer. If you are planning on going to Toronto, for a visa stamp, be prepared not to leave Toronto for the next 60 days from the date of submission of your visa application. This is worst case senario. You will not be able to speak to anyone at the Embassy in Toronto. If you need any information you will have to call the 900 number or call the 888 number and punch in your credit card number and choose option 3 to speak to someone. Your credit card will be charged $1.50 Canadian/minute.

If you are a national of one the the countries, listed you are subjected to Entry/Exit registration and will be fingerprinted. If there is a FP match, one's entry to the US will be denied. It does not matter which visa classification you are in.
 
Siddiqi
you understood right. I called consulate by myself and by chance got the consuler officer, actually I kind of begged the operator to connect me to the consuler officer as they normally dont answer queries on phone.
She told me for visa you have to appear personally for an interview and if you are Pakistani citizen, your app is certainly gonna take longer then (normally visa is available next day) I told her that state dept had lifted the 20 day special processing restriction then why processing would take longer ? then she said something like which i didnt understant correctly .. the app would go thru some administrative proceedurs or something. One thing she also confirmed that untill the visa is issued you wont be able to return to the US and it might take upto 60 days or more in worst scenario.

See thats why I am worried I cant afford to be away from work for even more than 2-3 days.

I asked you few questions in a PM please answer me using PM asap, i am waiting, I would highly appreciate.

thanx
 
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