About flagpoling

[spkmi]

Hi all

I am curious about definition of flagpoling. If I leave canada and stay in US for one night and return to Canada the other day, is it still a flagpoling? Do I still need to tell US officer I need to do landing the other day and get refusal letter?

 

[lampbreaker]

Your COPR will have Canada as your country of residence (not US), so they may consider it so, the only way to know is by doing it.

 

[Bs65]

If you stay in the US for one night that is not flagpoling given you would have passed through US Customs/ immigration into the US so will be telling USCBP you are only visiting for one night/day.

Whether you tell them that you are landing as a PR on your return is up to you when USCBP ask for purpose of visit to the US.

Flagpoling is when you leave Canada and tell US CBP that you are flagPoling so want an administrative refusal notice, so you do not in fact actually enter the US but return straight back to Canada from the US CBP checkpoint.

 

[spkmi]

Your COPR will have Canada as your country of residence (not US), so they may consider it so, the only way to know is by doing it.

Thanks for your insight. My situation is quite complicated. It is for sponsorship of my son. His country of residence is China in COPR, as when I did the application in Canada, he was in China with his grandmother. While he moved to Canada during the process and I got PPR from Hong Kong IRCC and since he is already here, I mailed the passport copy for Ottawa and got COPR from there, Making things more complicated is that he is a US citizen with US passport. That's why I am very confused.

 

[lampbreaker]

If he is a US citizen, I think most likely they will not consider it as flagpoling.

 

[Ezenria80]

Base from my experience when I did my flagpoling, considering that the child is a US citizen, he is eligible to enter the US at anytime time, in my opinion, it is not flagpoling for their is no refusal of entering the US. If you have the visa to enter US maybe you can go with your child and stay for a night then get back to Canada or go to the border together with the child and tell the US boreder security that all you need is to comply the PR status of the child and go back again in Canada. That’s my opinion.