Returning and doubting PRs - Border crossing tips

[HamiltonApplicant]

Here are my tips to PRs who have doubts whether or not they met ROs. Many fear self indictment/incrimination. I will focus on land crossing.

Most important legal fact: If you cross at a designated border post, you are not violating any rules! It does not affect your admissibility in anyway, you are a law abiding person.

Another important legal fact: You are not under oath! Whatever you say cannot be used in a court of law, and I don't think these conversations are recorded in anyway!

Pre border crossing tips:

• Watch Canadian border petrol TV shows(Suggestion from forum member QCYX)
• Try mock interview sessions with family and friends
• Choose a day and time when the border crossing time is more than 90 minutes if possible. Suggestion: A sunny July 1 or 4...

Interview part at the booth:
CBSA Officer: Greets and reached out for papers
Returning and Doubting PR: Greet back. Now comes the most important part. What documents to be presented? and What to say/not to say
My suggestion:

• If you have a valid PRC, present it, If your PRC is recently expired, you may present it . More than six months, don't!
• Passport if you are not presenting PRC
• Present your landing papers(Like CoPR) as well
  
• And SAY nothing

CBSA Officer: If the officer thinks you are a PR, the question will most likely to be: Where do you live?

Returning and Doubting PR: I suggest you provide a truthful answer, provide the place of your actual residence

CBSA Officer: Most likley question will be: how long have you been away?

Returning and Doubting PR: I suggest you say: I think I was left Canada....(Provide approximate date such as spring of 2012 or some such). Don't say I was away for so many years, etc, etc,.

CBSA Officer: Here the most likely questions are: 1)How long you plan to be in Canada or 2) Do you know you have violated RO?

Returning and Doubting PR: If Q1, say short visit. If Q2. Don't lie, but don't admit anything

By this time the officer might have made the decision whether or not there is need for secondary interview.
As far as I remember, when you make your first landing, CBSA informs you when you can apply for citizenship, but ROs are not recited, if memory serves me right. So feigning ignorance is no lying.

PS. A lot people cross or try to cross the border with expired visas, PRCs, etc. Especially at land crossings. During a land border crossing as a PR with nearly expired Visa, the US officer alerted me that I need to renew my Visa soon in friendly manner.

 

[steaky]

If the PR card is valid, Passport is not needed to show to CBSA officer during land border crossing.

 

[HamiltonApplicant]

If the PR card is valid, Passport is not needed to show to CBSA officer during land border crossing.

Thanks! OPost corrected...

 

[HamiltonApplicant]

Just a couple of follow up questions. First, should I say short visit, and if so why is this? (p.s. My actual intention is to move for good.)

If you make your intention clear, you are also bringing into focus your PR status...

As to the question on the RO, should I say yes or no?

Say you think you meet the RO

Does my answer to this question affect my chances?

What chances are you referring to? If you mean getting the entry denied, No? If you mean getting reported to CIC/IRCC, yes...

If I say no, won't the officer wonder why I have showed up at the land crossing instead of applying for a PRTD or something of the sort?

PRTD is for entering by a commercial vehicle, besides officer can not assume that you are aware of PRTD route...

Which border crossing has a 90 min wait time?

Right question is not where or which? Ask me when? Choose your point entry, study the border crossing times online, then move in...
Buffalo NY, Detroit MI, etc are very busy crossing points...

 

[Buletruck]

Another important legal fact: You are not under oath! Whatever you say cannot be used in a court of law, and I don't think these conversations are recorded in anyway!

Actually, CBSA does document conversations and makes notes regarding entries in GCMS (FOSS) and uses that information to assess status. These are legal documents and suitable for investigative purposes and in determining whether to issue a report to a PR for RO non-compliance.

 

[spyfy]

Just a couple of follow up questions. First, should I say short visit, and if so why is this? (p.s. My actual intention is to move for good.)

OK I'm going to say this one last time because people all over this part of the forum seem to ignore this simple and most important rule.

NEVER EVER LIE TO A BORDER OFFICER.

 

[HamiltonApplicant]

Thanks @HamiltonApplicant

Just a couple of follow up questions. First, should I say short visit, and if so why is this? (p.s. My actual intention is to move for good.)

During my soft landing, I truthfully told immigration that my stay would be short; Consequence: Was not allowed to apply for PRC! A cost-free PRC was, after all, part of the PR package

If you say short visit, by implication you are:

• Not applying for PRC
• Not applying for health card

Let me repeat a suggestion made by some forum member:

• Visit Niagara falls US side on a busy day
• cross to Canada by foot(Rainbow bridge I think)
• say you want to see the falls from the Canadian side, perfect scenario for you....
• Move with minimum # of documents....
• Look the part
• Act the part

 

[steaky]

During my soft landing, I truthfully told immigration that my stay would be short; Consequence: Was not allowed to apply for PRC! A cost-free PRC was, after all, part of the PR package

If you say short visit, by implication you are:

• Not applying for PRC
• Not applying for health card

Let me repeat a suggestion made by some forum member:

• Visit Niagara falls US side on a busy day
• cross to Canada by foot(Rainbow bridge I think)
• say you want to see the falls from the Canadian side, perfect scenario for you....
• Move with minimum # of documents....
• Look the part
• Act the part

Many can cross to Canada by foot such as Peach Arch, Pacific Hwy and Sumas.

 

[HamiltonApplicant]

Many can cross to Canada by foot such as Peach Arch, Pacific Hwy and Sumas.

Are these POEs busy normally, any touristy spots on either side of the border within short distance?

 

[steaky]

Are these POEs busy normally, any touristy spots on either side of the border within short distance?

Peach Arch is normally very busy (I avoid it and use the other two if possible). There's a park, beach and monument within walking distance.

 

[HamiltonApplicant]

How will they let me into Canada without documents or without a vwp? If I give them my non-wvp passport won't the surely ask for a visa? Obviously I can't present one. In that case how would they still grant me entry? And then if I show my CoPR then I'm in trouble. Seems like there is no way to win.

If you are taking the "pedestrian tourist just wanna see falls from the other side" route:
Minimum documentation means:

• Passport alone
• CoPR

Don't take

• Don't take Hotel/Flight bookings because it implies you have pre planned your Canada entry
• Basically anything that implies your Canada plans need to be avoided

 

[HamiltonApplicant]

Thanks, but then with a non-vwp how will they let me in as a tourist? I am getting confused, because the only way they will let me in is if I'm a PR, and once they establish that dont they ask for the residency obligation?

Let us baseline:
Question: Who are you?
Answer: You are a PR, You are non-vwp with US a visa
Question: What you have?
Answer: Passport, valid US visa, an expired PRC, and CoPR(Which does not expire)
Question: What do you want?
Answer: You want to move to Canada without alerting CIC/IRCC about the possible RO violation
Question: Can any forum member(FMs) help you to get what you want?
Answer: Frankly, No!
Question: What can FMs do then?
Answer: FMs can provide suggestions that minimize, not eliminate, the risk of you getting reported to CIC/IRCC for RO violations
Question: OK, How can you minimize the risk of RO violations getting reported?
Answer: You need a story!
Question: OK, what is the story?
Answer: My suggestion, you are pedestrian tourist just wanna see falls from the other side
Question: OK, how to sell your story?
Answer: You have to write a script, produce it, direct it, find a cinema to stage it.

Now let me answer you specific questions in message# 14. Take your passport and CoPR, cross border by foot...Tell your story...I suggest you screen show at Rainbow bridge to a CBSA audience...

 

[spyfy]

Thanks, but then with a non-vwp how will they let me in as a tourist? I am getting confused, because the only way they will let me in is if I'm a PR, and once they establish that dont they ask for the residency obligation?

OK I think I have to say this again: You must not tell stories at the border. You must tell the truth.

If you misrepresent yourself and they find out at any time in the future, you can
- lose your PR status
- even lose your citizenship (if you should acquire it later) because you were only eligible for citizenship due to your PR status which you only maintained due to misrepresentation.
- you will be barred from entering Canada for five years under any circumstances

So, sure, if you want to live the rest of your life knowing that at any point they find out about your misrepresentation you can go from being a citizen of Canada to being a foreign national not being allowed to even enter Canada, go ahead and misrepresent yourself.

Alternatively, you could finally accept that you are in breach of the residency obligation and live up to it.