i have been flaged at the canadian border,how can i fight this
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Author Topic: i have been flaged at the canadian border,how can i fight this  (Read 5374 times)
crina
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« on: December 16, 2009, 05:41:14 am »

 Angry   I live in the USA and my Boyfriend came to visit me,i want to move to Canada legally after a year that we will be dating.We went to the Canadian border to ask some questions regarding immigration and they deemed me a flight risk.This is very upsetting to me,i did not intend to cross that day,only to ask questions.How can i fight this decision? so that i may visit my boyfriend more often.I am visiting now for the holidays ,is there an office in Toronto that i may go to and see if they would reverse the decision?
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Josh
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« Reply #1 on: December 16, 2009, 06:05:06 am »

I really hope I could help, but I am afraid I have absolutely no idea love. It is unlikely that anyone in this forum would be aware of a solution to your problem, suggest you directly contact the Canadian embassy in your area or a lawyer.
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Leon
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« Reply #2 on: December 16, 2009, 06:28:46 am »

There's a guy on here who just got sponsored for PR by his wife.  He was flagged in the system because he had at one time years ago crossed the border stating that he was going to visit someone he met online.  They flagged him as basically a weirdo and he was always pulled out for an extra interview ever since.  He and his wife discussed it with border services if they could get the flag taken off and they were told nothing will take that flag off except an act of God basically so there you go.  It doesn't mean you can't visit, just that it will be harder.

You can also not move to Canada legally after a year of dating.  I don't know who told you that.  If you want him to sponsor you, you either have to live together for a year to qualify as a common law couple or you have to get married.  It is also not an instant thing that you can move to Canada legally as soon as you marry or live together for a year.  The sponsorship takes around 6 months to go through.  You can visit him in the meantime but since you are now flagged in the system, it may be a bit harder because they assume you are a risk of overstay so you will have to cross with your evidence of having a home and a job in the US that you will return to.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
Karlshammar
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« Reply #3 on: December 16, 2009, 10:24:37 am »

A "flight risk"? Does that mean they thought you would overstay?

Angry   I live in the USA and my Boyfriend came to visit me,i want to move to Canada legally after a year that we will be dating.We went to the Canadian border to ask some questions regarding immigration and they deemed me a flight risk.This is very upsetting to me,i did not intend to cross that day,only to ask questions.How can i fight this decision? so that i may visit my boyfriend more often.I am visiting now for the holidays ,is there an office in Toronto that i may go to and see if they would reverse the decision?
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Eric Parker
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« Reply #4 on: December 16, 2009, 11:47:28 am »

I am the person Leon is taliking about...but their have been some good developments.

1. I was approved for Permanent Residency and will land in 2 days. Since I visited and came back (many times) with no problems since the flag, I had no problems getting approved. The CIC call the flag an "Enforcement action".

2. The "act of God" is actually becoming a Canadian Citizen. My reasearch, and help from immigration officials here on this forum, told two things - A. The flag will still be with me even as a Permanemt Resident, but...yes a but...having a PR card during the 2nd screening process will express me through without any questions. This is because as a permanent Resident, i have the RIGHT to enter Canada as opposed to being just a visitor. It will also help that my Canadian wife will be with me as well.... B. When I pass the test for Canadian Citizenship, the flag, and my "wierdness" will be removed.

In the meantime, it is best to have with you when visiting Canada - Round trip ticket, letter from your supervisor stating you will be coming back to your job, your lease or home mortgage, ect. Just about anything you can think of to satisfy the officers that you will not overstay your welcome. In time, if you visit enough, your passport with Canada stamps in it will also help in your evidence that you go back and do not stay over 60 days.
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07/17 App to Missisauga
07/21 App Rec
08/26 Spons Aprvd
08/28 App to Buffalo
09/01 AOR
10/09 Decison Made
10/19 PPR / Sent PP
11/04 PP Back
12/18 Landing (YVR)
Leon
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« Reply #5 on: December 16, 2009, 06:03:23 pm »

Wow  Eric, I would have thought they could remove it once you are a PR?  What if you get a Nexus card, would that help you with your crossings or can't you get one because of the flag?
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
Karlshammar
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« Reply #6 on: December 17, 2009, 02:57:32 am »

Once you are a PR you have right of entry and they can't stop you from entering as long as you maintain your PR status, so it's really a moot point. If you've lived in Canada for 3 years you can apply for Nexus and see what happens. It's not expensive.

That being said, does anyone know what this mystical flag actually contains? Does it contain information on what originally happened or what?

Wow  Eric, I would have thought they could remove it once you are a PR?  What if you get a Nexus card, would that help you with your crossings or can't you get one because of the flag?
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PMM
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« Reply #7 on: December 17, 2009, 02:38:11 pm »

Hi

Once you are a PR you have right of entry and they can't stop you from entering as long as you maintain your PR status, so it's really a moot point. If you've lived in Canada for 3 years you can apply for Nexus and see what happens. It's not expensive.

That being said, does anyone know what this mystical flag actually contains? Does it contain information on what originally happened or what?


FOSS contains all the interactions and documents that issued by either CIC or CBSA.  If you really want to see what is there, request your FOSS notes under Privacy, it wont' cost you.  http://www.cic.gc.ca/english/department/atip/requests-personal.asp

PMM
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PMM
Suin
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« Reply #8 on: December 17, 2009, 04:04:30 pm »

Hi

FOSS contains all the interactions and documents that issued by either CIC or CBSA.  If you really want to see what is there, request your FOSS notes under Privacy, it wont' cost you.  http://www.cic.gc.ca/english/department/atip/requests-personal.asp

PMM

does it include all the notes of CAIPS made for outland application?
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it's just my own opinion influenced by my own experience.
Karlshammar
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« Reply #9 on: December 17, 2009, 04:06:13 pm »

You can choose what you want, for example both CAIPS notes and in-Canada (FOSS) notes.

does it include all the notes of CAIPS made for outland application?
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irishsnowmobiler
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« Reply #10 on: February 26, 2011, 08:50:51 pm »

Hope this is not an obtuse question, but it would appear to be relevant to various posts on here and this is the only
topic where I have seen this specific advice offered about making an access to information request,

The link to the cic I have followed but it seems to be for Canadian residents, or those with a permit etc.

(1) Is it possible to apply for the information if you were offered a voluntary withdrawal by the cbsa?
(2) If it's a voluntary withdrawal, would specific information be logged anyway?
(3) If you request access to this information, could it 'consolidate' the flag in any way?
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