Expired PR and failed RO entering through US boarder? Help!

[algdantes]

Hi, I'm a Canadian PR with an expired PR card and an incomplete residency requirement. I left Canada when I was 16 with my parents and due to a lot of family issues and my mother and brother's mental health, I wasn't able to come back ASAP when I turned 18. I'm now 21 and planning to return to Canada. I asked around the forum, and most people suggested that I forgo filing for a PRTD under Humanitarian and Compassionate grounds from my home country (Philippines) and try my luck entering from the US boarder instead.

Although many people have told me that this will give me a better chance of reviving my PR, I do remain a bit iffy about the idea since it sounds too much like an illegal immigrant plans... (lol I watch too much NatGeo Boarder Patrol). I know it's completely legal since I am still a PR technically, but it would reassure me to hear some success stories with this plan (or lack of). Thanks to everyone for their support Smiley

 

[Rob_TO]

One of 2 things will happen when you try to enter at the land border.

1. CBSA will not report you and allow you to enter Canada. In this case you would need to stay in Canada for 2 straight years without leaving even once, before you would be back in compliance with RO and can apply to renew your PR card.
It may be very difficult to live in Canada without a valid PR card, moreso if you don't already have a SIN, or if your SIN from long time ago was set to dormant status.

2. CBSA will see you don't meet the RO, and will report you. You can still enter Canada since you will have the option to appeal the decision. Appeal will take up to a few years to hear, but while waiting you can renew PR card on temporary 1-year basis each time. If your appeal is successful you can keep PR status, if it's denied you will lost PR status and need to return back to Philippines. It would be advised to hire a lawyer if you go through appeals.

If you have H&C reasons (i.e. family medical issues) that prevented you from returning earlier, bring as much proof of this as possible (doctors notes, hospital records, etc). You can show this to CBSA if they question why you don't meet RO, and hope they consider it as viable H&C reason.

I wouldn't go by what other people have experienced, as you will find some people got in fine and others got reported. Your case will depend solely on the CBSA officer you happen to get, and what they feel like doing.

 

[algdantes]

Thanks! That's a bit reassuring since the chances do seem a bit better than just waiting around here for a phone call that'll decide my status...

Just a question though, does Canada provide government subsidized lawyers? I mean, how much do they cost (if you would happen to know). I took law for a while back here and could sufficiently defend myself if this happened in the Philippines but I have no experience whatsover on Canadian law. The furthest I got was read their updated immigration law pamphlets and a few cases.

 

[Rob_TO]

Thanks! That's a bit reassuring since the chances do seem a bit better than just waiting around here for a phone call that'll decide my status...

Just a question though, does Canada provide government subsidized lawyers? I mean, how much do they cost (if you would happen to know). I took law for a while back here and could sufficiently defend myself if this happened in the Philippines but I have no experience whatsover on Canadian law. The furthest I got was read their updated immigration law pamphlets and a few cases.

I believe getting subsidies for a lawyer would depend on the province you'd be in. For example here is some info on Ontario's legal-aid program: http://www.legalaid.on.ca/en/getting/eligibility.asp

Of course having a lawyer is optional, but if you did get one you'd want someone that has specific experiences in arguing H&C cases.

 

[algdantes]

Wow thank you so much! This is great Now all I have to do is have my US visa sorted.

 

[heeradeepak]

One of 2 things will happen when you try to enter at the land border.

1. CBSA will not report you and allow you to enter Canada. In this case you would need to stay in Canada for 2 straight years without leaving even once, before you would be back in compliance with RO and can apply to renew your PR card.
It may be very difficult to live in Canada without a valid PR card, moreso if you don't already have a SIN, or if your SIN from long time ago was set to dormant status.

2. CBSA will see you don't meet the RO, and will report you. You can still enter Canada since you will have the option to appeal the decision. Appeal will take up to a few years to hear, but while waiting you can renew PR card on temporary 1-year basis each time. If your appeal is successful you can keep PR status, if it's denied you will lost PR status and need to return back to Philippines. It would be advised to hire a lawyer if you go through appeals.

If you have H&C reasons (i.e. family medical issues) that prevented you from returning earlier, bring as much proof of this as possible (doctors notes, hospital records, etc). You can show this to CBSA if they question why you don't meet RO, and hope they consider it as viable H&C reason.

I wouldn't go by what other people have experienced, as you will find some people got in fine and others got reported. Your case will depend solely on the CBSA officer you happen to get, and what they feel like doing.

Yes 100% agree all depend on CBSA Officer in 2014 myself also entered Canada with expired PR my two Canadian sons came to pick me from Buffalo airport and at Canadian side CBSA officer check our documents and asked my sons how long you stay in US my son replied only 4 hours we went to pick Dad from Buffalo airport. She checked my PR card and passport and asked your PR card is expired i said yes i applied for renewal but to be honest that time evan i stayed in Canada more than 2 years but did not applied for renewal after that she didn't said anything and we enter Canada without any problem.

Note- Other peoples experiences with immigration and visa officers should not followed as guideline because always different from person to person.