Continued CBSA harassment despite H&C approval and PR Card renewed

[armoured]

Apologies for the delay in my reply - we actually were off screens for a few days.... I will respond to the questions within...


-when you say "continued CBSA harassment", how many times has this happened? It reads above like this is the first time you crossed the border in several years and certainly since receiving the card.
This was the first trip across the border since we received our cards. This is the second harassment since returning originally in Feb 2018. I had to attend a business trip in Jan 2020, when my card had originally been applied for [but not yet received] and we crossed the border by car...We had a secondary interrogation then, they let us, and we weren't issued anything - they said that we should wait if we can to travel again after we receive our cards (and then COVID happened, and no one was travelling).

Okay, so your 'continued harassment' amounts to ... well, I count three times? One of the times, you were more than four years out of country (very much not in compliance), and were not reported (despite questioning); the other time, you were also out of compliance (although by then living in Canada); and this time, you weren't even pulled into secondary.

This border interaction was in our our car only at the booth - we never went into the office. When he scanned our cards I guess, he said, hmmm I see a GSMS code 303 [or something] and he was like what is the issue with your residency obligations? I told him point blank, we were in the US for family business and issues beyond our control and unknowingly overstayed our RO. We were unaware of the residency obligation but returned home as soon as we could - that was in Feb 2018. I said, we are well compliant with our obligation now, and have received our PR cards after two years of review. The officer also asked how we became residents. I told him we were both sponsored to come here [my by my ex 27 years ago, and my husband by me 13 years ago]. He went on to say that our residency will probably be investigated, and there will be hearing for a removal order - when he said that, I said based on what , how and why? We have NEVER been served nor received anything.

Relevant comment of mine further down. But mainly, no secondary examination (would have meant pulling into a building), and clear there is a flag on your file (as comment related) - and that's likely why you got the extra questions.

-Were you made/asked to sign anything? Show anything apart from eg PR card and basic identification?
We were not given any papers, we were not told or asked to sign anything. We only showed our PR Cards, US passports and our proof of Vaccination (which we really didn't need). I also logged us into Arrive Can, so we can have proof of the two hour crossing.

Sounds like nothing to worry about.

Our initial crossing was a pain in the a$$ - In 2018 - the officer tried to goat my husband into a fight but couldn't.

We did apply for PR card renewal, based on H&C considerations - we had 699 days in Canada at the time of filing. It took us 21 months to get our cards.

Doesn't sound like the lawyer saved you a lot of time.

I repeat my previous comment:

But it does sound like an enforcement flag, and while it is seemingly hard to get these removed, what may have been a factor is if this was first time across border (and hence first interaction with CBSA) in a long time. While the flag might not be removed (i.e. removed from the file) easily, but more recent interactions and conclusions may weigh more heavily in future interactions - or put more simply, go through a few times and they'll pay less attention to an older flag.

Because it is in this context:

This was our first return in almost two years, and we plan to come/go as we please. We are no longer prisoners here, as we were. I was thinking to take my paperwork into that specific border crossing and request that flag be removed - but I think it would only hinder issues.

I think highly likely that CBSA did not have all the details, the officer came up with the flag, and there had been no crossings since the times when you were out of compliance. That flag may remain but your subsequent interactions (with being in compliance, and with new PR card, and etc) being recorded in cbsa systems (not the same as IRCC systems) will start to outweigh the flag. Even this time ,there was a flag - but you weren't even called into secondary. It might have been unpleasant but that's about it.

Going forward: you can try two approaches, and you're perfectly within your rights to take the maximalist approach of escalating to a supervisor every time you feel you have been mistreated by CBSA.

Or you can try to de-escalate, and see if that gets better results. You are going to get questions for at least some time (that flag is there). Just answer as calmly, briefly, and as simply and factually as you can. Yes, you were out of compliance before when out of country for several years. You now both reside in Canada and are fully compliant, and indeed have applied for citizenship. If further questions - you had family illnesses and that's why you were away. You became PRs years ago.

And if challenged or told you may be reported: that's fine, we are in compliance with RO. Our file was recently investigated by IRCC, so we're not concerned.

I bet you will find this works better - let us know how it goes either way. My guess is that the questions will go away after the first few times back and forth, if handled calmly.

[I am going to refrain overall from giving an opinion on your interaction with CBSA as I don't want to get into any questions of blame, and nor do I want to justify in any way CBSA's handling because I was not there. My point is only this: I think slight and small changes in response mode could have made it all go quite differently, mostly by taking the approach I referred to above. "We were out of compliance in the past. We are in compliance now and reside in Canada full time." That's 90% of the story, and repeat those simple points factually and briefly (along with short answers to other questions).]

Good luck, do let us know.

 

[armoured]

When he scanned our cards I guess, he said, hmmm I see a GSMS code 303 [or something] and he was like what is the issue with your residency obligations?

I apologise for repeating and drawing attention to this point but I think it's worth reading that sentence again.

Because from this statement we know: the CBSA officer has had his attention drawn to the residency obligation issue. We know that there was (used to be) a real issue with the residency obligation.

And for the time being let's assume - at least for sake of argument - that the CBSA officer does not have immediate, available access to any IRCC notes. Which I think is likely true but I do not know; it may only be that the flag comes up immediately at the top of the page and the officer didn't scroll down right away - which is not that unusual a thing.

Unless there is other information readily available to hand, the officer is 100% going to ask about it.

If you think about this from that perspective - the limited information the CBSA officer was probably working from - the question actually asked ('what is the issue with your residency obligations?') sounds a lot more ... normal.

And possibly that gives some ideas how it can be handled to de-escalate and get across the border the way you want.

[Of course none of us who were there know the tone, the feeling, the implied sub-text, how aggressive it felt, etc. Maybe the guy was a jerk, and maybe he was overdue for his smoke break and starting to get nicotine withdrawal anxiety. Don't know; not worth getting into. It happens.]

Side anecdote - I had to cross the border several times years ago with my car plate # having been reported stolen. First time, I was pulled into secondary and surrounded with guns drawn; that was ... not pleasant. Everyone was very nice about it once we'd figured it out. The next few times - I'd bring it up, "oh you might get a stolen vehicle flag when you run the numbers..." and go from there. Note I didn't mention which side of the border - doesn't really matter.

Now I'm not saying bringing it up first is the way to go - repeat, not saying that, completely different situation. My point is, knowing it's likely to come up gives some warning and room to try to handle smoothly.

 

[jakklondon]

Rasha, I was reading your old posts (from 2009), and it seems like you had to struggle with immigration for many years. Lived through anxiety of separation and indefinite waiting, and literally stuck at the caprice of bureaucracy.
Let me ask you: are you or your husband Arabs? Even if you are not Arabs, do you look like Arabs/Muslims? I saw you mentioning that you are a US Citizen, but is there anything that would make a dimwit bully at the border assume you are an ethnic Arab or a Muslim?

Since 911, Arabs/Muslims are proverbial Africans and Jews of XXI century. And if you by chance are associated with Arabs/Muslims, chances are you will get a treatment similar to what a Jew would get in Germany during WWII, or African would get in southern parts of America during and after the Civil War.

I don't buy that this has anything to do with fight with terrorism. Because , if one was serious about pursuing terrorists then one would capture, try and hang General Mahmoud Ahmed, the head of ISI who was in Washington DC during the times of attacks. Here is the article from Guardian: https://www.theguardian.com/world/2004/jul/22/usa.september11

Or one would refuse to make a deal with the Devil (Musharraf) and would not allow evacuation of planeloads of terrorists from Afghanistan to Pakistan in 2003. Here is the article from NBCNews: https://www.nbcnews.com/id/wbna3340165

Fight with terror, to some of these triple Hermetic secret worshipping dimwits, means fight against anyone who appears to be from Middle East (regardless of criminal records, mindset, values and even ethnic origin and religious beliefs). Appearance is what they profile and judge by. They couldn't care about personality and who they really encounter.

I also have to tell you that when the Western Intelligence agencies work in any of those Middle Eastern countries, they develop a network of local informers. One of your neighbors, friends, relatives, virtually anyone surrounding you could have been recruited in the past as a part of that network. Since information provided by informers of intelligence operatives is totally anonymous, there were instances where false/fabricated information was given about someone (as means to score, out of grudge, jealousy, old rivalries and feuds), and the accused was never allowed to know what was told about them, to challenge the accuser in open court and etc. Just like in Medieval England, with its' secret courts, accusations, trials and executions. With no due process of law. Therefore, there are some individuals who were thus deliberately mixed up with the bad guys and were unable to get their citizenship applications approved for a decade or more after applying for the benefit (this happened to certain people of ME origin in the USA post 911). In the meantime, Taliban (which was evacuated to Pakistan in 2003 according to NBCNews) safely returned to power, while Saudi and Pakistani connections of 911 were never fully investigated, real perpetrators never brought to justice.

Unlike spineless cowards or collaborators of oppression, I would never suggest you to "de-escalate" if you are a subject of unjust and unfounded persecution. That would be like telling a Jewish man to get along with Nazi party and Hitler in a road leading to Holocaust. You should never take lightly any act of unjust, unfounded persecution. It's illegal it is unjust and it's counterproductive. As long as you and your husband are innocent of what you are being accused of, there is no reason for you to try to appease bullies at the border. There is absolutely no justification for bullying and obnoxious behavior of CBSA , on the grounds that he doesn't have access to data in his sister organization, which processed your husband's PR card application and approved it, while you have spent in Canada well over 730 days (you mentioned over 1600!). If you de-escalate with bully, he will assume you are afraid of him and will do worse to you next time. Anyone who had seen bullies in high school knows: the only way to stop bully is to fight back, even if bully is physically bigger and stronger than you. The best fight with oppressive system is always within legal framework (they would want you to break the law: as you mentioned they were provoking your husband to fight the other time, because that's how they can turn things upside down, make your husband look like aggressor/perpetrator and present themselves as defenders of law and order. So, first rule of thumb: don't ever allow them to get best of you and to provoke you into altercation or doing anything illegal, that's what the bullies actually need to justify their actions against you).
Now, within legal framework you have very limited options, two in particular: immediately report the incident to supervisor of the officer who gives hard time to you or your husband. There is nothing wrong with reporting a criminal behavior of the border agent to his supervisors. Not reporting such behavior is like not reporting any other criminal act. People with criminal mindset will frown upon it (both in LEO and those in street gangs), but you are not a criminal, not in LEO nor in street gang. Your only defense against criminal is to report him, openly and transparently (and not secretly and anonymously as dastards would do, but with steadfastness and forthright attitude, going to supervisor in front of offending officer and creating a paper-train of any interaction you may have with them). In addition, as long as you are not inside government property, you have a right to record your interaction with the border officer. So, if you have a camera in your car with audio recording capacity, I would suggest you record your next encounter on the border and don't hesitate to make it public if they grossly violate your rights. Once it goes viral it will have undeniable PR impact on perpetrators. And cowards/bullies hate publicity, they would prefer these things to stay quite and "secret", therefore they will always suggest you to "go along" and de-escalate when your persecutors violate your rights.