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Wrong deportation to US

oslsha

Newbie
Mar 23, 2018
2
0
Hi,
I am a US citizen and PR whose residency renewal was rejected based on number of days present in Canada. I was missing about 7 days. I had job, business and an adopted son here in Canada but the judge rejected all my appeals ( possibly because I wasn't prepared) and did not hire an attorney to represent me. I was kind of given an impression that my case was easy and judge would let me renew my PR since I had only 7 days missing and had business, work and property in Canada.
After appeal, judge denied my renewal and ordered removal via departure order. He said since I was a US citizen I can come to visit my son anytime and so PR was not necessary.
Anyway, my removal order said that CBSA would contact me regarding how to depart. I departed immediately following the removal order and went to USA. I came back after a month and CBSA at the airport did not say anything but let me in without any problem. I left and came back again. This was the 3rd time I came back into Canada and I asked CBSA officer about my removal order and that nobody contacted me. She told me at the Montreal Airport that there was no activity in my case so she was letting me in.
A few days later, I received a call from local CBSA officer who asked me to come into his office to fill out papers etc. During interview he told me that I never left Canada after my departure order and he can not see in his system that I left Canada so he would be proceeding with deportation procedure.
I told him I left immediately following departure order and came back and I am leaving again. He asked for evidence and I showed him all the evidence. He then continued that he was not in a position to reverse deportation proceeding since I did not contact CBSA at the airport or in the city prior to my departure. I told him that the departure order from Judge clearly stated that CBSA will contact. The officer replied that no, I was supposed to contact them and so he was proceeding with deportation order. He asked me to sign few papers which I did. He also told me that since he is proceeding with a deportation, I may run into problems coming back into Canada although I am a US citizen. He said I would need a authorization from embassy prior to coming back into Canada.
He looked at all my evidence and said he was surprised my case ended up like this even though I did leave Canada and was forthcoming with all answers and documentation that they requested. He said despite I was right he was not in a position to do anything as he did not have authority.

While living in Canada, I invested over 1/2 a million into that country, worked as Director within Cyber Security industry, worked as volunteer, lived as a bonafide citizen, however none of that played any role and my PR was rejected and I am being literally deported because CBSA made a mistake.

My question is: Is there anything I can do to reverse this? Where do go from here. Their system seems to be broken as the CBSA officer could not find my departure record or arrival however I handed him my passport, he was able to pull all that information. But since he had completed deportation proceedings, he couldn't go back and fix it and had no authority to do anything
 
Last edited:

oslsha

Newbie
Mar 23, 2018
2
0
Is there a question to go with this?
What is the right thing to do ? How do I fix this since I would be coming back to Canada for my family, business etc. Are they going to put me in Jail if I try to come into Canada on a US passport?
 

Buletruck

VIP Member
May 18, 2015
6,687
2,531
They won’t put you in jail, they will just refuse you entry. I would find myself an immigration lawyer and see if There is a chance your case can be reconsidered.
 

scylla

VIP Member
Jun 8, 2010
92,916
20,531
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
What is the right thing to do ? How do I fix this since I would be coming back to Canada for my family, business etc. Are they going to put me in Jail if I try to come into Canada on a US passport?
If you've been formally deported, then you need an ARC to return. You won't be able to come back to Canada until you've gone through the ARC process and been approved.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/authorization-return-canada.html

If you want to fight the deportation, you need to hire a lawyer. Your situation is far too complex for an internet forum. We are all normal people just like you - none of us are lawyers.
 
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