Dual intent rejected

[Ilcasdy]

Hi, I have applied for a PR and I tried to get into Canada under dual intent. I was rejected saying that I did not have enough ties back to the US. I have family and clients in the US though, but the border agent wasn’t really interested. He made me sign something saying I withdrew my application to go into Canada saying otherwise he could ban me for a year.

I’m not sure of what steps I should take. I will talk to an immigration lawyer on Tuesday, but I was wondering the risk of trying again to cross. I don’t want to wait until the application is finished to be with my wife. Any help or options will be greatly appreciated.

 

[scylla]

Hi, I have applied for a PR and I tried to get into Canada under dual intent. I was rejected saying that I did not have enough ties back to the US. I have family and clients in the US though, but the border agent wasn’t really interested. He made me sign something saying I withdrew my application to go into Canada saying otherwise he could ban me for a year.

I’m not sure of what steps I should take. I will talk to an immigration lawyer on Tuesday, but I was wondering the risk of trying again to cross. I don’t want to wait until the application is finished to be with my wife. Any help or options will be greatly appreciated.

The withdrawl is now recorded in the system. So you should expect there's a high chance you will be pulled into secondary the next time you enter. I woiuld recommend that you hold off re-entering until you can show strong ties to the US.

What ties to the US can you show? Family (e.g. parents, siblings) isn't a strong tie unless you have children in the US.

Do you have a property you own or rent? Can you show proof of employment? Anything else?

 

[Ilcasdy]

I did rent a property but I stopped since I was planning on moving. I am self-employed, but I do have proof of my clients. The agent didn’t even ask for proof of anything though.

If I tried again is it possible that I would get banned? I have a flight back to the states next week which would hopefully help

 

[Ilcasdy]

Also, the withdrawal didn’t mention anything about trying dual intent or anything, but I’m not sure there isn’t more information in the system.

 

[21Goose]

I did rent a property but I stopped since I was planning on moving. I am self-employed, but I do have proof of my clients. The agent didn’t even ask for proof of anything though.

If I tried again is it possible that I would get banned? I have a flight back to the states next week which would hopefully help

Yes, its very possible that you will be denied again and might even be banned for a year. You don't have strong ties to the US so it's obvious that you aren't visiting, you are trying to immigrate while on tourist status.

You really should hold off on trying to enter again so soon.

 

[canuck78]

Expect to be asked about where you are living in the US. You’ll be asked about your job but if you are self-employed that won’t help to add ties. Agree. It is time to wait and reestablish ties to the US.

 

[canadaguy238]

What you need to do is not mention dual intent at all, that will raise flags with some immigration officers. You need to book a flight to Canada with a return ticket a month or 2 away, then just do not use the return ticket. You will for sure get pulled into secondary because that rejection is in the system now, but usually they are easy on you if you just say you are visiting.

I have also found that when flying in, they are always much easier on you than if you drive across.

Seems to me like mentioning dual intent can only harm someone, because to prove dual intent, you have to prove you are just visiting. It's easier to just keep it simple and say you are just visiting, so you don't raise any red flags. When they hear "dual intent" a red flag goes up with some of them!

Good luck and sorry to hear about what you went through!

 

[scylla]

Agreed with the above. You shouldn't have mentioned dual intent at all. IMO that's why there were problems.

 

[Ilcasdy]

Update: I attempted to cross again yesterday. We called the border agency and she said that we are allowed to try again and a new agent would look at it with fresh eyes. I was flagged so I expected to be pulled into secondary. This time the agent actually gave me a chance and gave me a visitor record for 3 months and she told me I should try to extend it later.