Questioning at POE on re-entry and preserving PR

[off2canada]

Hello Folks,
I recently (21 May 2011) entered Canada on a valid PR card.The entry was by road from USA and as I was in breach of residency obligation,was subjected to secondary Inspection.
I was asked the total duration I was present in Canada ever since my landing on 20 May 2007.I told them the actual dates 20 May 2007 to 1 July 2007 and after that I came back last year in June with the intention of staying here for good but unfortunately my mother had a relapse of Cancer in July and I had to return to take care of her and she passed away in February this year.Now again I returned on 21 May this year.The officer asked me the following other questions
1.If I had any other family in my parent country Ans- No
2.Was I intending to be here permanently or for a short visit Ans- Permanently
3.Where will I stay Ans- Friends,she took their address and phone number.
4.How will I survive Ans- I have enough cash for couple of months and in the meantime will look for a job.
She listened patiently to my answers and made us wait for about 10 mins while she worked on our file on the computer and then called us and told us that even though we were in breach of residency obligation she was letting us enter Canada but I might get a call from CIC and that I should explain them my H&C conditions.
I have the following questions:
1.What possibly could she have mentioned on the file,could she have initiated removal proceedings(she didn't mention anything about that, and is it obligatory for them to inform).
2.Is it possible for me to know what entry did the officer make in my file at POE (guess there is some FOSS )
3.Do CIC normally call in such cases and what is the next step.(Haven't yet heard anything from them)
4.Since my passport was not stamped on entry how do I prove at a later stage to CIC of my date of entry.
5.Can I be denied entry next time in case I have to go out of Canada for a couple of days (not planning any,only if there is an emergency) while my family is here(both me and my wife are working now and kids going to school)
Appreciate quick replies

 

[Leon]

It is possible that she forwarded your file to someone else to make a decision if to start proceedings to revoke your PR. If they did, you would be able to appeal it based on your H&C reasons.

It would now be advisable to wait until you have your 730 days and not try to renew your PR card until you do. If you do that, they will have to renew it. If you try to renew earlier, it will be up to the visa officer if they accept your H&C reasons.

You should not leave Canada in the next 2 years. There is no guarantee that you can get back in. So you could reason that your family is in Canada too now but they could reason that your family really doesn't meet the residency requirements either so they should come join you where you are instead.

 

[off2canada]

Thanks Leon for a quick reply but some of my questions still remain unanswered like getting info from FOSS

 

[scylla]

I don't believe there is any way you can find out what the IO recorded or if you were reported. I believe the most you can do is wait to see if you are asked to appear in front of a judge.

As usual, Leon has given excellent advice. If you are interested in retaining your PR status, it's in your best interest not to leave Canada again until you have fulfilled the residency obligation fully and have renewed your PR card.

 

[rjessome]

Actually, the notes from the interview will be recorded in FOSS.

 

[off2canada]

Can anyone let me know how to get the details entered in FOSS??

 

[alishah5]

I was in similar situation when I entered last time in 2009 from US. Officer asked me that he will forward my case and I will might receive call, but I never got anything. they gave me really hard time at border and ripped off all my bags, car and everything

After that I re enterd and she advise me to not go out of country since I have to meet requirment of 740 days. So I think first officer did put some information in System that time that I am not meeting my residency requirment.
After my arrival I applied for PR renewel and it got approved now sitting for Pick up, I am scared of going in front of these people because they will ask me to prove your 740 days and I can not proved them. I am sure they will look at in system about my border crossing and all travel data.
So if they did put some in system why my renewel application got apporved.

 

[rjessome]

Can anyone let me know how to get the details entered in FOSS??

You have to do an Access to Information request to order them. See here: http://immipedia.ca/Ordering_FOSS_and_CAIPS_notes

 

[benk]

alishah5,

By the way, which land border crossing did you cross in 2009? After crossing in 2009, did you leave Canada and cross the border again? When was the last time you crossed again?

Also, when you crossed, did you import your car into Canada? Is it license plated in the US? Thanks.

 

[benk]

Hi alishah5,

By the way, can you also give details of your border crossing back in 2009 and the recent one? Where are those border crossing? Did you eventually import your car into Canada? Please share your experience at the border. How did they rip off your bags, car, etc.? Thanks.

 

[alishah5]

I crossed from buffalo in 2009 and that time i imported my car, i was not planning to but they made me to do that. Also i left in march and rentered after 3 days. Since than i enterd twice.

 

[alishah5]

Actually they just terified me by too much questions. Finally they let me in, and immigration officer mentioned that he cant stop me from entering so he will forward my case. They opened and check all my bags, they checked ipod, laptop, car trunk all my bags and took off each paper so they can find something againet me but they couldnt.

 

[benk]

Hi alishah5,

Thanks for the information. By the way, does it mean you crossed the border 4 times (one in 2009, one in march this year?, and 2 more border crossing -- when?). Also, when did you get your PR and when is your PR gonna expire?

After for importing your car, I thought you have to inform the US customs several days before you export and import your car into Canada? How did you import your car in 2009?

You mentioned that the immigration officer mentioned that he can't stop you from entering so he will forward your case. When did this happen? Was it back in 2009 or more recent? And what did you mean by saying they took off each paper so they can find something against you? Thanks.

 

[alishah5]

Yes i did cross 4 times after that. December, 2009 , jan 2010 , october, and march 2011.
I got my pr card in 2006 june and its already expired, i applied for renewel in jan this year.
I didnt inform us customs and my car was imported in 2009. Later i sold that card in canada.
It was in 2009 december when he asked me that he cant refuse me entry.
At that time they searched my car and all my stuff to find something bad, but they couldnt except immigration lawyer contact card so he asked me to take off efeything frqom pockets. Just sceondry inverstigations

 

[benk]

alishah5,

Wow, that was scary. How long did it take when they searched all of your stuffs and car in 2009? Did they go through your stuffs one-by-one?

Also, when did an officer (she) advise me to not go out of country since I have to meet requirment of 740 days? Was it March of 2011?

What happened when you crossed Jan 2010 and October 2010? Did you also had a hard time?