Questioned and strict warning at road crossing

[johnbro]

Hi All

I landed in August 2015 by crossing at nigara falls lewiston bridge then applied for SSN and came back to USA for work..
And after 5 months returned and tried crossing at rainbow bridge using CopR .. the officer questioned me a lot and he was not happy ..
Questions: When did you land ?
Ans: August 2015
Q: when did you go to USA?
A: August 2015
Q: why are coming now?
A: to get apartment and be in canada?
Q: You haven't stayed in Canada after landing, why did you apply for canada PR?
A: I want to settle in Canada but implementing a project in USA and after would like to open company in canada to support my work.
Q: Are you going back to USA?
A: Yes after a month ..
Q: You applied for Canada PR and not living in Canada and now going back again in a month .. you see where I am going?
A: Yes officer, I dont disregard anything but I am implementing big data project that I hope can support maintain thru my compnay I form in canada.
Officer: You have to go inside to immigration.
Went in hadned paperwork sat for 15 mins
Senior officer called to counter:
Officer: Did you get counseled about PR ?
Me: Yes when I landed they told me I gotta stay 2 out of 5 yrs. My USA visa expires in June I plan to come to Canada while I have time to finish my project implementation.
Officer: I am not sure of your situation but you have till August of this year to come stay in Canada
Me: Anything I need to sign
Officer: Nothing .. you are done.

Now my questions ...
1) what are my options to stay in USA for 2 more years and just visit canada for 3 weeks every 6 months? That was my initial plan..
2) If I visit post August will they not allow me .. or take away my PR?
3) What are my chances of keeping PR status while working in USA and visiting..
4) Should I apply for my PR card with an Apartment in this visit? Can I just give a friend address as permanent or make a lease of the aprtment for my PR card?

Thanks much

 

[atzquebec]

Hi All

I landed in August 2015 by crossing at nigara falls lewiston bridge then applied for SSN and came back to USA for work..
And after 5 months returned and tried crossing at rainbow bridge using CopR .. the officer questioned me a lot and he was not happy ..
Questions: When did you land ?
Ans: August 2015
Q: when did you go to USA?
A: August 2015
Q: why are coming now?
A: to get apartment and be in canada?
Q: You haven't stayed in Canada after landing, why did you apply for canada PR?
A: I want to settle in Canada but implementing a project in USA and after would like to open company in canada to support my work.
Q: Are you going back to USA?
A: Yes after a month ..
Q: You applied for Canada PR and not living in Canada and now going back again in a month .. you see where I am going?
A: Yes officer, I dont disregard anything but I am implementing big data project that I hope can support maintain thru my compnay I form in canada.
Officer: You have to go inside to immigration.
Went in hadned paperwork sat for 15 mins
Senior officer called to counter:
Officer: Did you get counseled about PR ?
Me: Yes when I landed they told me I gotta stay 2 out of 5 yrs. My USA visa expires in June I plan to come to Canada while I have time to finish my project implementation.
Officer: I am not sure of your situation but you have till August of this year to come stay in Canada
Me: Anything I need to sign
Officer: Nothing .. you are done.

Now my questions ...
1) what are my options to stay in USA for 2 more years and just visit canada for 3 weeks every 6 months? That was my initial plan..
2) If I visit post August will they not allow me .. or take away my PR?
3) What are my chances of keeping PR status while working in USA and visiting..
4) Should I apply for my PR card with an Apartment in this visit? Can I just give a friend address as permanent or make a lease of the aprtment for my PR card?

Thanks much

Hi,
Correct me if I am not getting the point, but why did the officer say that you have until August 2016 to enter Canada. If you have received your PR Card (assuming you have), then can't you enter Canada whenever you feel like. I am assuming that your got your COPR sometime in August 2015 and it expires in August 2016, but this is irrelevant as you have already completed the first landing. If you have not recieved your PR card then that is strange because its been more than 6 months since you complete your first landing.

 

[johnbro]

I landed in August 2015 but at crossing I told officer that I will be staying at my friends place temporarily .. so officer gave me a form to fill out or go online (form has a url) that I use to fill out my permanent address where they will mail the PR card ... So this time I am here to rent an apartment (with lease) so I can submit the information online to get my PR card mailed. thx
please let me know your thoughts. thx

 

[atzquebec]

I landed in August 2015 but at crossing I told officer that I will be staying at my friends place temporarily .. so officer gave me a form to fill out or go online (form has a url) that I use to fill out my permanent address where they will mail the PR card ... So this time I am here to rent an apartment (with lease) so I can submit the information online to get my PR card mailed. thx
please let me know your thoughts. thx

Now my questions ...
1) what are my options to stay in USA for 2 more years and just visit canada for 3 weeks every 6 months? That was my initial plan..

Note that if you stay for 2 more years in USA, and then stay 3 weeks every 6 months in Canada there is no way you will be complete 2 out of 5 years required to stay in Canada.
2) If I visit post August will they not allow me .. or take away my PR?
Its best that you give them an address(friend's) now to get your PR card in the next 3 months. If you delay and not return within August then you would probably have to give a damm good reason to CIC on why you didnt stick to their rules and then its probably up to them whether to extend your copr date. Having already pissed them off, suggest you dont take this route.
3) What are my chances of keeping PR status while working in USA and visiting..
Complete 2 out of 5 years living in Canada
4) Should I apply for my PR card with an Apartment in this visit? Can I just give a friend address as permanent or make a lease of the aprtment for my PR card?
Give them a reliable address to which your PR card will mailed to. But you could also provide an address online once you get your lease address

 

[johnbro]

"1) what are my options to stay in USA for 2 more years and just visit canada for 3 weeks every 6 months? That was my initial plan..

I think you understood wrong here .. I plan to stay in USA for next two years and during that 2 yrs plan to visit canada every 6 months (3 weeks stay each visit) and then I will move permanently to canada.. but if I get a better paying job in canada then I will move before the 2 yrs of my plan..

Please let me know if I would again have trouble (questioned or PR taken away at crossing) traveling between USA and Canada in the 2 yrs until I move to canada..
thx much

 

[johnbro]

Hi Can someone please clear my concern in the last post and also if one more member can anaswer my original questions to be doubly sure ..I appreciate it thx

 

[MidoRafa]

Hi johnbro,

I believe atzquebec is right. The officers probably got confused/pissed that you haven't even applied for your PR card between your landing and now, and were referring to the expiry date on your COPR. Once you have your card they shouldn't bother you as much. Technically speaking, during the first 5 years of one's PR, CBSA officers are supposed to check (but often don't) whether you will "be able to comply with the residency obligation in respect of the five-year period immediately after becoming a permanent resident". In other words, as long as the number of days left until those five years elapse is greater than or equal to the number of days you need to stay to complete 730 days, you shouldn't have any problems.

Most people who don't have a permanent address yet just put a friend's address and have the friend forward the card to them.

My opinion is to apply for the PR card ASAP and have someone forward to you if you won't be there to collect it and make sure you comply with the residency obligation (2/5) in any way you like.

 

[johnbro]

Thanks to both of you ..