Who do I contact to see if I am on Canada's "banned list" ?

[Edenzdoor]

My boyfriend and I are long distance. I live in Iowa, he lives in Calgary AB. His name is Bryce and we have been dating for 2 and 1/2 years, we are looking to get married within the next year or two. We have filed paperwork under the family act as conjugal partners, for me to become a permanent resident. Bryce had read on the government site that it would take 2 months for the paperwork to be processed, but since most visitors can stay for up to 6 months in Canada, that I could stay as a visitor for those 2 months, until my paperwork went through.
I graduated from college last May and he flew down to get me. We rented a truck with all of my stuff in it and attempted to cross the border. I was denied access and I was banned from re-entering Canada for one year. (It will be one year in May 2015). There are a number of reasons, it seems, that I was banned. (I do not have a criminal history background or anything like that, I've never even had a speeding ticket.) Even though all of our paperwork was complete, we did not submit it because we ran out of time when he got to me in May, and we thought we could bring it along at the border, to show proof of intent, that he and I were serious. They did not like that, for one. They wanted the paperwork to already be in the system. Reason 2) It turns out, it takes 2 YEARS for the permanent residency to be accepted or denied, not 2 months (that's for temporary residents only). And since I had all of my stuff with me, the border patrol did not believe that I was staying only as a visitor. They also denied me access because I own no property in the U.S.(I lived in a college apartment), I was unemployed (I had quit, thinking I was moving), and I have $30,000 following me in student debt (which border patrol accused me of trying to duck out of.) Immediately after leaving the border, (very upset and tired), we found a hotel and submitted the permanent resident paperwork right then and there. Since this has all happened, we have tried to hire an immigration lawyer to help us remove the ban, but they just want to sell us visas and I can't afford to hire one at this time (being unemployed now and all). My boyfriends' mother suggested I talk to an immigration office to see if my name is even listed under the ban list, as she said border patrol sometimes like to issue empty threats to scare you away from returning, but do not actually want to do the paperwork to ban you (especially when the person is not a threat to the country.) But we do not have immigration offices where I live, and no one wants to just answer my questions without charging me outrageous fees. But I need to know that I'm safe to re-enter Canada anyway, next May, this time solely as a visitor, without any of my stuff to bring with me, and with tax documentation that proves America is my home and I will be returning (I intend to make the flight round-trip, also to prove I will return after the 6 months is up if the paperwork has not gone through yet.)
So these are my questions that I need answered. 1. Who do I talk to, to see if my name is even on the ban list? 2. What should I bring with me in May 2015 to prove that I am entering as a visitor with the intention to stay only for 6 months (with no intention to work or sneak in illegally)? 3. Will my name forever have a mark against it, even after the ban is lifted? 4. If, after the ban is lifted and I go to stay with Bryce as a visitor for 6 months, how long must I return to the US for, before being allowed to re-enter Canada? And finally, 5. We felt the fact that my student loan debt and me being unemployed was a major issue as far as being denied entry the first time around. Since being back in the United States, I have started making payments towards my student loan debt, though they are deferred until May of 2015. If I can show proof that I am paying off my loans every month, is that considered good grounds for proving my connection to the US being my home country?

Thank you so much for your help!!!

 

[scylla]

A one year ban is called an exclusion order. What paperwork did you receive when you were refused entry and told you couldn't return for a year? What does it say?

Unfortunately it was definitely a big mistake to show up at the border with a car full of your personal belongings. This would have clearly demonstrated that you were looking to move to Canada (which you're not allowed to do) rather than just visit. This is something you need to avoid doing the next time you try to enter Canada.

No - paying a loan in the US doesn't really show that you have ties to that country. When CBSA asks for ties to the US, they would be looking for things like property ownership / rental, proof of employment, proof of school enrollment.

 

[scylla]

Sorry - I just noticed that you have filed a PR application as a conjugal couple. You should be aware that this application has practically no chance of being approved. The conjugal application class is for individuals who cannot get married and cannot live common law. You face no immigration barriers to getting married - so conjugal has unfortunately no chance of being approved for you. Sorry.

 

[Avadava]

I don't have answers for your questions since I don't have any experience with crossing the border from US, however I can tell you that most likely your application that you submitted will not get through. You will be denied permanent residence, because you applied as conjugal, and you do not meet the criteria to be conjugal.

No American citizen will meet the criteria for a conjugal sponsorship. The conjugal category is for those who cannot present a common law or spousal sponsorship due to reasons like: immigration barrier (cannot live in each-other's country for 1 consecutive year - US/Canada couples can do that), religious, sexual, etc.
Conjugal partners must also provide proof of the obstacles or restrictions that prevent cohabitation or marriage. Let's say you can't live together to establish common law, but no one prevents you from getting married (like in the case where one of the partners was married before and cannot divorce their former spouse because it's illegal in their country - that couple would qualify as conjugal).

If I were you, I would cancel the current application (because 99% it will be denied) and proceed to either get married and apply as spouse, or live together for 12 consecutive months (you can do 6 months in Canada and 6 months in US, or any other country) to establish common law and apply as such.

 

[Rob_TO]

1. Who do I talk to, to see if my name is even on the ban list? 2. What should I bring with me in May 2015 to prove that I am entering as a visitor with the intention to stay only for 6 months (with no intention to work or sneak in illegally)? 3. Will my name forever have a mark against it, even after the ban is lifted? 4. If, after the ban is lifted and I go to stay with Bryce as a visitor for 6 months, how long must I return to the US for, before being allowed to re-enter Canada? And finally, 5. We felt the fact that my student loan debt and me being unemployed was a major issue as far as being denied entry the first time around. Since being back in the United States, I have started making payments towards my student loan debt, though they are deferred until May of 2015. If I can show proof that I am paying off my loans every month, is that considered good grounds for proving my connection to the US being my home country?

1 - Perhaps try calling CBSA
2 - Return air ticket (if flying), proof of funds, and any link you can think of to US
3 - I believe that your file will have a permanent history of the refusal. Although just because you were refused once, does not mean next time will also be a refusal. You really need to check though if you have an exclusion order against you, or if they simply denied you access that one time
4 - If you enter with 6 months status, after 5 months you can apply to extend that. Some people have gotten an additional 12 months extension.
5 - I don't think the student loan has much if any impact on admission to Canada

As scylla mentioned, you do not qualify as a conjugal couple. You are expected to be married or common-law before you apply, which you have no legal barriers to do. It will be an almost guaranteed rejection. You should withdraw your conjugal app asap, and prepare to re-submit when you are married or common-law.

Also when you submitted the app, how did you answer IMM5669 6e) - Have you ever been refused admission to Canada?
Since you applied after you were refused, I hope you put "yes" to this an explained. If you put "no", that would be misrepresentation and once a record of misrepresentation is on your record even any future attempts to apply for PR when married could be met with extra long delays.

Once you are married/common-law, the average PR app processed through CPC-Ottawa takes around 8-10 months to complete.

 

[rhcohen2014]

No American citizen will meet the criteria for a conjugal sponsorship. The conjugal category is for those who cannot present a common law or spousal sponsorship due to reasons like: immigration barrier (cannot live in each-other's country for 1 consecutive year - US/Canada couples can do that), religious, sexual, etc.

If I were you, I would cancel the current application (because 99% it will be denied) and proceed to either get married and apply as spouse, or live together for 12 consecutive months (you can do 6 months in Canada and 6 months in US, or any other country) to establish common law and apply as such.

actually, the fact the OP was issued an exclusion order means she is not able to enter canada for 1 year. In order to enter canada before May 2015, she would need to apply for permission through an ARC (Authorization to Return to Canada). It's actually pretty standard procedure for CBSA to hand these out to someone dating cross border dating and who does not know or follow the rules. Since her boyfriend can still cross into the US and marry her, that will mean conjugal would not be approved - unless he is also excluded from the us.

Regardless, her PR app is probably on standby until her exclusion order is lifted. I don't believe they will continue processing it until May 2015, since she is ineligible to enter canada until that time. Or if they do start processing it, they may require her to apply for an ARC along side the PR app. Sending in a pr application when an exclusion order is active wil not get a person in quicker.

As for the original poster - unless you are willing to pay $250 to apply for an authorization to return to canada (ARC), you will not be able to enter canada until the date specified on your exclusion order. There is no guarantee this will even be approved. it is actually a slim chance. An attorney is not going to do anything to help. Do not waste your money.

there is no "banned" list. if you attempt to enter canada again, you will be turned away because your exclusion order is conneceted to your passport. There is no way around the ban. I've been there, and have had one. At this point, it may be best to withdraw your application for PR, since it is not a category you will be eligible to get approved for, wait out the exclusion order, get married or become commonlaw, and reapply once your exclusion order is lifted.

Once your exclusion order is lifted, you can return to canada. this time, do not show up with all of your belongings. Make sure to have proof of a lease or job in the us. As the border agent told me, "you put the cart in front of the horse." They are basically giving you time to get yourself together and do it the RIGHT way, which is THEIR way. When you show up after the order is over, they will want to see ties to the us, and to them, ties to the US is ONLY proof of residence or a job. Spend the year looking for a job you'll be able to do remotely, that way you can stay in canada and work for a US employer when you are allowed back in (they like that). More likely than not, when you reenter, they will give you a visitor's record which will have a specific date you will need to leave by, and they may ask you to "check out" before you leave to ensure you do in fact leave when you say you will.

At this point there is nothing you can do until May 2015. This will certainly be a true test of the seriousness and longevity of your relationship. Your bf will need to come to the states to see you. When I had my exclusion order, that's exactly what we did, my husband (then bf) would cross monthly so we can see each other. I returned to canada the day after it was lifted for a 2 week visit. I had proof of a job and apartment to go back to in the US. They attached a visitor record to my passport, specified which date i had to leave by, and required me to check out on my way back to the us. It took about 1.5 years and a PR application before i was not high on their radar. Every time I crossed, i had to report to secondary. And it was only after the 3rd time they stopped attaching a visitor's record to my passport. The more you comply with their rules, the happier they will be with you.

Oh and having student loans has NOTHING to do with entering or living in canada. if that were the case, us application approvals would probably drop significantly. that is just ridiculous, and i'm guessing the border agent was trying to scare you and be an ass. you can not be denied entry solely because you owe school loans (and i suspect that is NO WHERE to be found on your exclusion order.) You were denied entry because you attempted to move to canada before you had the proper authority to do so. i am sure if you read the document they gave you, it will probably say that in so many words.

 

[Edenzdoor]

Thank you everyone for answering my questions, you have been a TREMENDOUS amount of help, I cannot describe to you how much. Even though we want to get married eventually, my whole purpose for going there originally was to see how he and I do living together as a couple, before jumping into such a life long commitment, but it looks like marriage is really our only option. He has a very good job where he is, a mortgage to pay for and everything else, which is why we thought it would be easier for me to uproot myself than him. I would hate for him to lose his job by coming here for a year so that we can be common law, but I suppose there is no other way. Although I have heard about a fiance visa? Or what if I revoke my PR and, after the year exclusion order is up, I begin applying for work in Canada so that I may obtain a work visa? Are those just as hard to get? And how long does it take to obtain one? If I could work in Canada, that would give me time to decide if we are meant for the forever kind of love or not. I'm trying to do things the responsible and correct way, but I don't want our relationship to be a means to an end either...As that isn't fair to either of us to marry before we are truly ready.
I don't have plans to return to Canada until May of next year, I think it will be better to just wait it out. But I do have another question, after the year is up and I go to visit, will they tell me how long I must return to the U.S. for before I can return again? Or is there no set time?

 

[scylla]

Canada doesn't have a fiance visa.

Yes - once the exclusion order is over you could theoretically apply for a work permit. You should look into the SWAP visa program which allows recent US graduates to come to Canada for one year on a working holiday visa. If you qualify - this would be your best / easiest bet. Otherwise you need to find an employer in Canada before you can qualify to apply for a work permit - and the process gets a lot more difficult and complicated.

FYI - Similar to Canada, someone who is Canadian can't just move to the US for a year as a tourist.

 

[rhcohen2014]

.
I don't have plans to return to Canada until May of next year, I think it will be better to just wait it out. But I do have another question, after the year is up and I go to visit, will they tell me how long I must return to the U.S. for before I can return again? Or is there no set time?

when you re-enter, they will ask you how long you intend to stay. how long you are given is dependant on the officer you meet that day, and how well you can prove your ties to the us. in the beginning, it's probably best to ask for shorter stays, as it will be less suspicious than asking for as long as possible. it is impossible to predict what will actually happen until you show up when your exclusion order is lifted.