Permanent Residency Obligation --- Land Crossing Through the US Border

[AliceHope]

Hello all,

My mom's PR expired while she is abroad and getting treatment. She left Canada in 2012 and therefore she doesn't meet the residence obligation. She applied for PRTD on H&C ground at the local Canadian Embassy, but unfortunately got refused. The Visa office sent her a letter advising her to appeal to IAD within 60 days. Now, we realized that she actually has a valid US visa.

As I learnt from reading some posts in this forum, for cases like her land crossing through US boarder is advisable. I am wondering if the land crossing option is still advisable to her given that she has already contacted the Visa office and has got refused.

If that is an option, is it better for her to file her appeal after she arrived in Canada or is it better to file it now and then attempt crossing the boarder by vehicle/foot.

Thank you for your help!!

 

[zardoz]

Hello all,

My mom's PR expired while she is abroad and getting treatment. She left Canada in 2012 and therefore she doesn't meet the residence obligation. She applied for PRTD on H&C ground at the local Canadian Embassy, but unfortunately got refused. The Visa office sent her a letter advising her to appeal to IAD within 60 days. Now, we realized that she actually has a valid US visa.

As I learnt from reading some posts in this forum, for cases like her land crossing through US boarder is advisable. I am wondering if the land crossing option is still advisable to her given that she has already contacted the Visa office and has got refused.

If that is an option, is it better for her to file her appeal after she arrived in Canada or is it better to file it now and then attempt crossing the boarder by vehicle/foot.

Thank you for your help!!

It's too late to do a land crossing to save her PR. If she wants to keep her PR she must appeal, as the revocation process is already started. She can cross in order to be in Canada for the appeal but she must get the appeal started immediately.

 

[AliceHope]

Thanks, Zadoz. I apprercait it.
In the letter that was sent to my mom from the Visa office there is a statement that says she can apply for Travel Document to appeal in person. And in the IAD document, I see a statement that says: IAD will approve TD to appeal in person if it believes necessary. The last phrase suggests that there is a chance (no idea: low, high) that her request for TD can be refused. if possible, she would like to avoid this uncertainty by not applying for TD but instead land crossing through the US boarder to appeal in person. She is prepared to take this step but wanted to have some comfort in knowing if it is legally okay to attempt to cross the border once reported by the Visa Office (as Zardoz says revocation process already started)? Is request for TD mandatory to appeal in person?
Thanks

 

[zardoz]

Thanks, Zadoz. I apprercait it.
In the letter that was sent to my mom from the Visa office there is a statement that says she can apply for Travel Document to appeal in person. And in the IAD document, I see a statement that says: IAD will approve TD to appeal in person if it believes necessary. The last phrase suggests that there is a chance (no idea: low, high) that her request for TD can be refused. if possible, she would like to avoid this uncertainty by not applying for TD but instead land crossing through the US boarder to appeal in person. She is prepared to take this step but wanted to have some comfort in knowing if it is legally okay to attempt to cross the border once reported by the Visa Office (as Zardoz says revocation process already started)? Is request for TD mandatory to appeal in person?
Thanks

Until her PR status is finally revoked, she has a right to enter Canada by any legal means that she desires, so a land border crossing is no problem.

 

[Buletruck]

Is request for TD mandatory to appeal in person?

It's not mandatory, and IRCC is under no obligation to provide a PRTD if she has not been in Canada in the last 365 days. Keep in mind that her days in Canada, should she choose to cross from the US (which is legal as zardoz pointed out), will no longer count for RO until the appeal is settled. I would certainly start, as a minimum working on the appeal. It needs to be received by IRCC in 60 days from receipt. Don't leave it too close to 60 days before submitting the appeal.

 

[AliceHope]

That is great. Thank you for your help (Zardoz and Buletruck).