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Wrong exit date on my travel report from Canada Border Services Agency

titin

Full Member
Jun 6, 2014
27
4
Hello,

I have applied for a travel entry and exit report via Canada Border Services Agency and received the report. However, there was an error on the report. The report said that I have entered U.S. on April 17 (meaning that I have left Canada), however, I did not leave Canada on that date. I contacted Canada Border Services Agency and they said that they got the report from the US border and if I need that exit to be corrected, I will need to contact US Traveler Redress Inquiry Program.

I contacted US Traveler Redress Inquiry Program and am waiting for their reply. I was wondering if US Traveler Redress Inquiry Program does not correct the error, will it affect my residence days in Canada? I did not have the "entry date to Canada" from the "exit date (April 17)" because I did not leave Canada. How do I prove my resident calculation days if CIC uses the same report that I received and they may consider I miss entering that exit for the calculation?

Thank you for your help.
 

walktheline

Star Member
Oct 28, 2016
86
20
Have you checked i94.cbp.dhs.gov? Did you see the same record? The website was upgraded recently and the records are much accurate now.

Does the record have the document number with it, just in case there is a person with exactly same name, DOB and nationality as you?

Can you think any reason why it's there? Do you recognize the port of entry? Did you ever drive around that port and made wrong turn to enter the border by accident? Did someone borrow your car? Did someone take your passport? Did you book any public transport crossing the border?

There must be a reason why the record is there and they normally won't modify the record just as you request unless there is evidence to prove it's wrong. After all these are US law enforcement data.
 
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titin

Full Member
Jun 6, 2014
27
4
I can't use i94.cbp.dhs.gov to check my travel record because I had a green card. I94 only deals with visas.

The green card was inside of my husband's passport by accident (we put all travel documents together in a zipper bag). When he drove to the US without me to pick up mail from US po box, he handed in his passport along with my green card (he did not know). The border agency opened his passport, saw the green card, swiped it, and noticed that it was not him. The agent handed him back my green card but did not cancel the swipe. That is why there was a green card entry record on my travel report. The only prove that I have is that my husband drove back on the same date and he has the entry record on his travel report.

I did not know all of these until I applied for my travel record. I was surprised to see the record so I asked my husband. My husband then told me that he remembered he handed in his passport and the agent handed back my green card.

How do I prove that I did not enter US on that day but the green card got swiped as an entry by mistake by the border agent?
 
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walktheline

Star Member
Oct 28, 2016
86
20
I guess only US CBP can prove it if they are willing to do internal investigation to verify what you said (your scenario is very rare as both your husband and the border officer made mistake at the same time), such as to get surveillance camera record. But the big question is are they willing to take such big effort to do it or just put burden of proof on you?

But I agree it has to be corrected by US CBP, otherwise on record you appear to have left Canada and never come back, and you also have green card, it will cause huge problem.
 
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titin

Full Member
Jun 6, 2014
27
4
I guess only US CBP can prove it if they are willing to do internal investigation to verify what you said (your scenario is very rare as both your husband and the border officer made mistake at the same time), such as to get surveillance camera record. But the big question is are they willing to spend such resources to do it since it's not for the court evidence or law enforcement purpose.

But I agree it has to be corrected by US CBP, otherwise on record you appear to have left Canada and never come back, and you also have green card, it will cause huge problem.
I think the chance that they will get surveillance camera to check is really low.... If the travel record does not get corrected, do I have any options to minimize the problems or impacts? Do I need to enter that exit date as it appears on my travel record for my resident calculations for CIC? It does not seem to be right to enter that date as I did not leave the country. I am more concerned about my residency calculations at this point. What do I do if US Traveler Redress Inquiry Program does not correct it?
 

walktheline

Star Member
Oct 28, 2016
86
20
I guess you have to convince US CBP it's they made mistake (although it's your husband made mistake first), and it's a very serious matter, after all it's law enforcement evidence, it will cause huge problem in case you are involved in any big legal matter in the future. Imagine if that record is used for a big criminal investigation, an inaccurate record may even land you in prison wrongly.

In your case, you really cannot make up the travel history with the wrong date unless you travel very frequently.
 
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Mazcar

Star Member
Oct 28, 2013
57
23
Visa Office......
Ottawa
Although it's a US mistake, the probability of them fixing it is very slim. They don't like wasting their time by fixing their mistake (several previous experiences). You should try to get CBP to fix it, but at the same time try to focus on collecting as many pieces of evidence as possible that you were inside Canada at the time. Eg. Pay stubs, Credit card statements, etc. and take them with you to your citizenship test/interview and explain your situation there.
 
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dpenabill

VIP Member
Apr 2, 2010
6,286
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If Green Card was swiped, if that is what and how this happened, unless this happened this month or at least very recently, the odds of actually getting the data changed are probably nil. Even a full-blown, time-consuming, and expensive lawsuit has little . . . well, really, probably zero chance. After all, the record has no direct impact in and of itself. It is not a record which directly affects status.

There may be a process, perhaps a part of what is available through the Traveler Redress Inquiry Program, for having the record supplemented by some kind of statement, a note or flag which in effect shows the data is contested, that is that the accuracy of the record of entry into the U.S. on that date is challenged, with an explanation (why, how, information relevant to the credibility of the challenge). For what that would be worth, if that is available.

Note, too, that even if "corrected," that correction itself would likely be flagged as such, with an explanation. So either way, the record will probably continue to show an event on that date, either as corrected with flag explaining correction, or as challenged with explanation for challenge.

What IRCC will see, then, if and when IRCC accesses the database maintained by CBSA, to generate a report of travel history, is hard to forecast.

There are of course implications regarding status in the U.S. to consider, since there are residency obligations attendant the GC as well.

Proof of actual presence in Canada after that date (the sooner after the better) will at least be evidence of presence in Canada after that date, and together with other evidence of life being lived in Canada after that date, that should suffice to prove presence in Canada IF, IF such proof is requested (CIT 0520 or CIT 0171, that is RQ-lite or full-blown RQ). Whether that happens or not depends on many other factors, and of course a review of the CBSA travel history may indeed be what triggers such non-routine processing. Remember, many people put way, way too much emphasis on exit and entry dates. Presence in-between such dates can be as much in issue as the travel dates themselves. In your situation, for example, proof that you were at work in Canada or visited a doctor or some other activity overtly showing your presence in Canada, will prove your presence in Canada, at least as of that date.

How long ago this occurred is probably a significant factor. Prompt efforts to correct data-entry records are typically more credible than stale efforts.

On the other hand, having a U.S. GC in and of itself (which the citizenship applicant must disclose in the application, or notify IRCC if GC obtained while the application is in process) can be a big factor in triggering non-routine processing, including the full-blown RQ. The risk of this, like most risks, depends on many factors and circumstances, including when the GC was obtained. In and of itself, a U.S. GC evidences strong residential ties in the U.S. and virtually mandates IRCC make more probing inquiries to verify the applicant's physical presence in Canada. Which, in thinking about this aspect of things, is indeed an indicator that IRCC will be more likely to examine such an applicant's travel history and travel to the U.S. in particular.

Which is to acknowledge that there probably is an elevated risk this will be looked at and considered, and thus will potentially if not likely trigger at least some CIT 0520 requests.

Obviously this imbroglio will influence how much of a margin over the minimum presence you wait to have, that is how long you will wait before making the citizenship application beyond reaching the minimum, if you have not yet made an application. Definitely a good idea to take into consideration the influence of having a GC and what objective documentation you have to prove your presence in Canada after this purported exit date. A much bigger margin than most would probably be prudent. (I had very different, but nonetheless some salient concerns, when I applied for citizenship, so I actually waited nearly two extra years beyond when I met the actual physical presence threshold . . . few need to do that, but some of us are indeed better off waiting much longer to apply, for various reasons. Perhaps one of the more common errors prospective applicants make is to rush making the application based on when they pass the minimum presence threshold.There is much, much more to consider.)

If you have already applied, then your task will be to gather strong evidence of your presence, evidence for all the time you declared being in Canada, and especially objective documentation of presence after the date of this purported exit. (Note: many other circumstances will factor into how things like this influence the process; for example, there can be elevated skepticism when assessing a PR whose spouse is working in the U.S., for obvious reasons. So it is important to not be too narrowly focused when gathering evidence and proof, to be sure to document all periods of presence in Canada.)

You may never be required to actually prove your case to that degree. Very few applicants are. (These days. During the Harper era, in contrast, there were times when the RQ rate went higher than one in every four applicants.) But you are now aware of something which could throw IRCC off the routine rails, so you are aware that it would be prudent to prepare for this:
-- wait longer to apply if you have not yet applied, and also focus on gathering more proof than the ordinary applicant might
-- focus on gathering proof of presence, of a life being lived in Canada, if you have already applied
 
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walktheline

Star Member
Oct 28, 2016
86
20
I suggest you request FOIA from US CBP about your records, if you see the wrong record, then request appeal of FOIA, an attorney from CBP will search your records in another system called TECS used by law enforcement and analyze the data, it will show the detailed person encounter records input by the border officer, if the border officer realized the mistake after swapping the wrong green card, (s)he should have put some notes and status code for the record.

In my case, I had a few flights to US I checked in but didn't actually board the flights. They still appear in my entry records, only after searching TECS system it was revealed that I indeed didn't board the flights.
 
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titin

Full Member
Jun 6, 2014
27
4
walktheline, Mazcar, and dpenabill, Thank you all for your detailed and helpful reply.

I haven’t applied for the Canadian citizenship but would soon be eligible once the 3/5 takes effect this fall. I am gathering my traveling information and calculating my residency days in Canada. I no longer have a green card as it was a two year conditional green card and I did not maintain the residency obligation in US. I filed the green card abandonment application and obtained a NEXUS card. When I had an interview with the US officer for the NEXUS application, the US border officer made sure that I have abandoned my green card before issuing my NEXUS.

A few approaches I have taken: I have obtained my travel records from both CBSA and CBP. Both records show that I have entered US with my green card on April 17th (at the time I still had the green card). I had filed the correction/appeal via CBSA and CBP (FOIA) and both directed me to DHS Traveler Redress Inquiry Program. DHS Traveler Redress Inquiry Program is mainly used by individuals who have problems when traveling to US but this program also deals with travel record correction as I was told by CBSA and CBP. I have filed the correction via DHS Traveler Redness Inquiry and am waiting for their reply. From my understanding of your responses, the chance that the correction can be made is very slim and close to zero.

After reading all of your insightful reply carefully, I summarize the possible approaches I can take:

1. I can collect as much information as possible to prove that I have lived in Canada since "the exit" (April 17th) in advance. I have the pay stubs and credit card statements. I don’t have the doctor visits. I also have my husband's travel records (entering US and back to Canada on the same date) but I am not sure how this information is useful. They swiped my green card at 12:55PM and swiped his passport at 12:55PM as well. Or on the record, it is the time that both of my green card and his passport have entered the US. The times are all on our travel records. On the travel records, he has come back to Canada but I did not.

2. I can wait longer to apply for the Canadian citizenship to avoid potential problems.

Thank you all for the information; however, I still have a question regarding “Physical Presence Calculator” form. Do I declare “the exit” shown both on my CBSA and CBP travel records on the “Physical Presence Calculator” web form? If I declare it, it will be wrong information and I don’t have an entry record from it. If I do not declare it, there would be possibilities of triggering CIT 0520 or CIT 0171. When CIT 0520 or CIT 0171 is triggered, I still face the same problem whether or not I should enter “the exit” on the forms. During the interview step, the officer can challenge me not entering “the exit.” I can explain to them it is a wrong exit with my husband and my travel records and my paycheck, credit cards but will they believe it? If I continue not entering “the exit” during all forms and steps, will it be a big problem no matter how long I wait to apply for the citizenship (they may consider I purposefully not enter the exit shown on my travel records)? Should I attach an explanation paper regarding "the exit" when submitting my application?
 
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walktheline

Star Member
Oct 28, 2016
86
20
I don't know why you were kept being referred to Traveler Redress Inquiry Program as it's for dispute of decisions CBP made (such as refuse, delay) during the inspection. It's not for dispute of their records. It's the FOIA's job to deal with it.

When I disputed my FOIA, an attorney instead of regular worker from the FOIA looked at my case and did TECS search (I guess TECS has higher security level used for law enforcement, so it's not meant to be used for regular FOIA requests but for the legal investigation purpose).

So I suggest you should specifically ask for an attorney to do TECS search during your appeal to find out what happened about that wrong record. When border officer swiped the green card, (s)he had to input the decision (such as grant/refuse entry or secondary inspection) after it, that's the critical info you need to find out.

I was also told if I'm still not satisfied about the appeal, I can continue to dispute through Office of Government Information Services (OGIS).

I suggest you need to correct the record from the source, from CIC point of view, the records from the law enforcement have much higher credibility than your story (specially your story is very rare) or other evidences from civil organizations (such as pay stubs, bank statements) , If they have any doubt, they could issue you RQ or refer your case to a judge. Then the time and resources you will spend on these will be much higher than just disputing the record with US government.
 
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links18

Champion Member
Feb 1, 2006
2,009
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An example of the problems of CBSA integrating US government data into their databases. It shows as a CBSA record, but only CBP can correct it and they probably never will.

In any case, you are supposed to make a truthful and accurate accounting of your absences when you apply for Canadian citizenship. This may or may not be the same as what the records say they are. There is thus a temptation to adjust one's declarations to fit the records, but this then would not be a truthful and accurate declaration. Tough situation. If the records show two US entries with no intervening Canadian entry, then it is easier to show there was a mistake--but a mistake which way? In any event, while people tend to look at these electronic records as definitive --they are not and can be rebutted with other evidence. You are probably going to just have to acknowledge the discrepancy and provide other evidence of your presence in Canada.

It is possible that simply carrying someone else's ID across the border can lead to an entry record due to the wonders of RFID technology. One wonders why the CBP officer didn't make a more thorough investigation, but this is the problem--to the extent that CBP records show up in your CBSA report, the CBP officer is acting, in a sense, as a deputized CBSA agent, but CBSA has no control over how the CBP does its job and no power to correct its records.
 
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titin

Full Member
Jun 6, 2014
27
4
An example of the problems of CBSA integrating US government data into their databases. It shows as a CBSA record, but only CBP can correct it and they probably never will.

In any case, you are supposed to make a truthful and accurate accounting of your absences when you apply for Canadian citizenship. This may or may not be the same as what the records say they are. There is thus a temptation to adjust one's declarations to fit the records, but this then would not be a truthful and accurate declaration. Tough situation. If the records show two US entries with no intervening Canadian entry, then it is easier to show there was a mistake--but a mistake which way? In any event, while people tend to look at these electronic records as definitive --they are not and can be rebutted with other evidence. You are probably going to just have to acknowledge the discrepancy and provide other evidence of your presence in Canada.

It is possible that simply carrying someone else's ID across the border can lead to an entry record due to the wonders of RFID technology. One wonders why the CBP officer didn't make a more thorough investigation, but this is the problem--to the extent that CBP records show up in your CBSA report, the CBP officer is acting, in a sense, as a deputized CBSA agent, but CBSA has no control over how the CBP does its job and no power to correct its records.
Your comments speak out all of my concerns and wonders. I agree that I would probably just have to acknowledge the discrepancy and provide evidence of my presence in Canada. I guess I would be categorized as a "non-routine" application and wait for a very long time to be processed. A small mistake like this (husband carried my card without knowing / CBP office swiped it without a complete investigation) can trouble me so much.
 
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