Border Guys Can Not Refuse To Let You In!!!!

N

Nandit Barua

Registered Users (C)
I have noticed that some people on this board have mentioned about people who have been refused to let in by the Canadian Immigration. I read in some attorneys\' website that the people at the border do not have the legal authority to refuse someone\'s entry or to take away someone\'s residency. The most they can do is to refer your case to an immigration judge. I have even talked to an attorney recently. He said the same thing. As you can read on the Immigration\'s website that as long as you can prove that you never had the intention to leave the country, you should be OK even if you have stayed out of Canada for more than 180 days.

My question is, then, what have these people done that the normal law did not apply to them? Please post your experience.

Thanks.
 
True..but

from what I read in the posts, Initial landing can be denied
but subsequent landing cannot be. Infact the lawyer said that
if one is stopped the officers can try to force you to give up
your PR but dont do that since they have no legal authority
to do so...all very nice on paper but tough in action :)
 
how it works

Well, Border guys can "do" stop you. The way how it works is:

1. If first officer is not convinced
2. You will go to Senior Office
3. If Senior Officer is not convinced that you have ties to Canada and willing to stay there then you will go to Immigration judge
4. Immigration judge is mostly more motivated towards Senior Officer not you

(you can confirm this procedure from official web also).

When i was going through Buffalo I had this experience myself. The first officer was not convinced when she saw my h1b/i-94 stapled on my passport and she put me under a window to talk to Senior Officer. I talked and convinced Senior officer that I live in Canada and then she took my I-94 card out, stamped it and kept it. She said, you no more need your I-94 now. Moreover when I was going through Buffalo/Niagara my 6 months were not over yet. And Senior officer checked the dates carefully.
 
SO remove the I-94 :)

It is very subjective, but if the senior officer writes a bad
report on you , you will have a hard time trying to convince
the judge, plus all that time do they let you roam free or
lock you up ?
maybe you can show your canadian credit cards/bank cards/
province id/AAA card / MSP card etc to prove that you do indeed have
ties to Canada.
 
more info

The Senior Officer let me in after taking/stamping my I-94.
That was my 2nd and last time I went to Canada after landing. I
didn\'t try going there again. I got a new I-94 for $6 from US side while coming back.
 
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