IR-1/CR-1 Montreal DQ'd private message group goes public CONTINUED

[Riversong 420]

2 minutes ago, YYZ&MIA said:

Oh I see. It is crazy how much discretion those officers have and it literally depends on their mood and what they decide to make a big deal out of. Im obviously no expert but I really dont think this will lead to a denial 🙂 I wouldnt stress too much. 
Let us know how it goes. I have a denial on record too not for overstaying but not having enough ties to Canada etc and one officer denied me and the next admitted lol. So much inconsistency.

thank you. i am hoping I am in the next batch of interviews in montreal. i will update after the interview

[DGF 730]

12 hours ago, Riversong said:

Anyone know if my IR1 visa will be denied due to overstay (leass than 180 days). A few years back when I went to visit my then fiance we got into a motorcycle accident and we were injured. I ended up staying past my 6months by a month. I came back to visit him 7 months later with no issues, but the time after that (Nov. 2018) I was refused entry at the Calgary airport border.  They had it down as me changing my mind about visiting, no charges were brought against me, and I was told I could try again at a later date. My then fiance came up to visit me in Feb 2019, and we decide to just go ahead and get married while he was here. I have been to visit him 4 times since we married and have had no issues at the border. I did disclose my overstay in our IR1 visa application, and we have been DQ'd Sep 21, 2020. I am just really nervous that I will be denied at the interview because of this

It's very unlikely that you'll be actually denied, but a temporary denial/AP is possible while they look into your overstay and/or withdrawal of entry. The fact that you've been able to visit many times since both your oversray and your withdrawal of entry shows that you don't have a ban which is what would result in a denial and needing to file a waiver. As already discussed, be sure to disclose both your overstay and withdrawal if prompted at the interview.  

 

You didn't happen to file an extension of stay after the motorcycle accident did you? 

[State and Maine 190]

21 minutes ago, YYZ&MIA said:

I have a denial on record too not for overstaying but not having enough ties to Canada

I had the same thing happen in Toronto. Told me I didn’t have enough ties and needed more proof. Gave me a list of requirements and an “application withdrawal” to enter the USA at that time. Officer was super nice about it tho and took me too the side as he escorted me out and said he could tell my intentions were good and that he feels for me going through this situation but suggested not to try crossing again without the greencard approval. 

[YYZ&MIA 117]

2 minutes ago, State and Maine said:

I had the same thing happen in Toronto. Told me I didn’t have enough ties and needed more proof. Gave me a list of requirements and an “application withdrawal” to enter the USA at that time. Officer was super nice about it tho and took me too the side as he escorted me out and said he could tell my intentions were good and that he feels for me going through this situation but suggested not to try crossing again without the greencard approval. 

Mine happened in Toronto too! The YYZ secondary customs that left me traumatized for years lol. Right after weve already gotten married in the USA, I went to Canada for a visit and when I tried to return back to USA, it got complicated. The first officer who walked me to secondary was very nice and advised me that at this point we  file I130. At secondary, the first officer denied me because he said at that point he sensed intent to stay in the USA because Im already married to a citizen (at that point we had not filed anything yet and I said we are still figuring that out and I am just going back to visit and we will file after my visit), I asked to speak to a superior who admitted me but because of all this I missed my flight and the next one was the next morning which meant that I had to leave the airport. which I did not know meant that I will have to go through screening all over AGAIN and it will be up to the NEW officers discretion  whether or not they want to admit or deny me and they decided to deny. At first I was upset at the inconsistency because I got an admission stamp literally the previous day and she said that doesnt matter. This one didnt even let me speak to their superior. She gave me checklist with the documents I have to show next time I try to enter that basically prove my ties to Canada. Our lawyer even said I got lucky because she could have denied or even banned me if I pissed her off enough lol. Anyway, I was able to gather the documents in a few days and was admitted by a different officer lol (I guess he was in a good mood that day). It is upsetting how much inconsistency goes on though and lets just say my interactions with the customs officers have been traumatic. Having nothing but good intentions (just havent done the research, which we regret and take full responsibility for) and being interrogated and treated like a criminal is not a good feeling and one I never thought Id get to experience. But also like you, our lawyer advised me not to try crossing again without the GC approval and I havent. 

[State and Maine 190]

4 minutes ago, YYZ&MIA said:

But also like you, our lawyer advised me not to try crossing again without the GC approval and I havent.

Good thing for us is it looks like this should all be over soon. I don’t see any issues at the interview as long as we are honest answering the questions they ask. I’m hoping to go to Montreal a week before my interview and do my medical while staying in a Airbnb. I’m originally from Alberta but I’ve been staying with family in Ontario since my ordeal with customs in December. Does anyone have some input on doing their medical in Montreal? How long it takes for them to send result to the consulate? 

[YYZ&MIA 117]

1 hour ago, State and Maine said:

I had the same thing happen in Toronto. Told me I didn’t have enough ties and needed more proof. Gave me a list of requirements and an “application withdrawal” to enter the USA at that time. Officer was super nice about it tho and took me too the side as he escorted me out and said he could tell my intentions were good and that he feels for me going through this situation but suggested not to try crossing again without the greencard approval. 

Ps. what does an application to withdraw look like
did you actually have to fill something out on the spot and sign or what does it look like. Curious 🙂

[Riversong 420]

4 hours ago, DGF said:

It's very unlikely that you'll be actually denied, but a temporary denial/AP is possible while they look into your overstay and/or withdrawal of entry. The fact that you've been able to visit many times since both your oversray and your withdrawal of entry shows that you don't have a ban which is what would result in a denial and needing to file a waiver. As already discussed, be sure to disclose both your overstay and withdrawal if prompted at the interview.  

 

You didn't happen to file an extension of stay after the motorcycle accident did you? 

unfortunately I did not file for an extension

 

Edited March 27, 2021 by Riversong
misspelled word

[Riversong 420]

5 hours ago, YYZ&MIA said:

Oh I see. It is crazy how much discretion those officers have and it literally depends on their mood and what they decide to make a big deal out of. Im obviously no expert but I really dont think this will lead to a denial 🙂 I wouldnt stress too much. 
Let us know how it goes. I have a denial on record too not for overstaying but not having enough ties to Canada etc and one officer denied me and the next admitted lol. So much inconsistency.

I forgot to mention to you I went down to visit my hubbins in July 2020, and I was stopped in Calgary Customs. The guy at the front made me go into the back to talk to the border agents there. It took so long I missed my flight. The border agent that I got made a comment about his co-worker having another "power trip" and said none of us back here can understand why he flagged you.  I ended up having to purchase another ticket for the next day, and stay in a hotel. I also had my dog with me so we needed to make a trip to Walmart to buy her food and dishes. Ended up with the same border agent who made the comment and told me to have a safe flight an enjoy my stay. So yup, depends on their mood for sure

[State and Maine 190]

5 hours ago, YYZ&MIA said:

Ps. what does an application to withdraw look like
did you actually have to fill something out on the spot and sign or what does it look like. Curious 🙂

It’s just a standard form. I’d post a pic but it’s full of personal info. Just describes the situation and that I volunteered to leave without and trouble. And then I had to sign it. I’ll bring it with me to my interview but it doesn’t say anything about being banned and from what I’ve googled it doesn’t affect the I-130 petition 

[Riversong 420]

7 hours ago, YYZ&MIA said:

Ps. what does an application to withdraw look like
did you actually have to fill something out on the spot and sign or what does it look like. Curious 🙂

This is what my form looked like, without the doodles on it I crossed out personal information. The big black space at the bottom is where the Border Patrol Agent put it the reason for admission, plus more personal information. Also stated that I was allowed to withdraw my application according to INA 212(a) (7) (A) (i) (I) and that I-275 was issued and I was returned back to Canada by CBSA. Hope this helps

[Riversong 420]

8 hours ago, State and Maine said:

Good thing for us is it looks like this should all be over soon. I don’t see any issues at the interview as long as we are honest answering the questions they ask. I’m hoping to go to Montreal a week before my interview and do my medical while staying in a Airbnb. I’m originally from Alberta but I’ve been staying with family in Ontario since my ordeal with customs in December. Does anyone have some input on doing their medical in Montreal? How long it takes for them to send result to the consulate? 

 

I live in BC, I was hoping to travel to Toronto and stay with family, but with Ontario going back into lock down I think I will just stay in Montreal. I have no idea how long the medical will take, but I am planning on staying 10 days in Montreal, and hoping that will give me plenty of time. Also I have heard that the address for where we get the medical is wrong on the consulate website, it is actually

600 Maisonneuve Blvd W 21st Floor

Montreal, Quebec

Also noticed you DQ'd the same date as us Sept 21, 2020. Hopefully we get out interview letters in a couple weeks

[karan97 7]

If I immigrate to the US on an IR-1/CR-1, would my canadian work permit get cancelled, or I could actually come back for a few months and work in Canada before permanently leaving for the US?

 

[dhillonjr 13]

Hey All,

 

Thank you all for sharing your experiences and giving advices. Wouldn't have made this far without you all.

I am facing a potential issue which is giving me a lot of anxiety. My interview is coming soon (7th April) and I have all the docs except an updated PCC from India. I have one that expired in January.

The thing is, I don't live there anymore and I read somewhere that I don't need an updated one if I am not living there at the time of the interview. I did visit India for a couple of weeks last year. 

I have applied for a new PCC but the consulate is taking its sweet time giving one out. 

 

I am worried that they might not accept the expired PCC. Does anyone have experience with such issue?

 

Thank you for your support!

[YYZ&MIA 117]

11 hours ago, State and Maine said:

It’s just a standard form. I’d post a pic but it’s full of personal info. Just describes the situation and that I volunteered to leave without and trouble. And then I had to sign it. I’ll bring it with me to my interview but it doesn’t say anything about being banned and from what I’ve googled it doesn’t affect the I-130 petition 

Thanks so much for taking the time to make the doodles and show it! I would bring it to the interview. I also heard from credible sources that overstays and denials are forgiven when you apply for I130 so I am sure everything will be fine  

[NimF 119]

8 hours ago, karan97 said:

If I immigrate to the US on an IR-1/CR-1, would my canadian work permit get cancelled, or I could actually come back for a few months and work in Canada before permanently leaving for the US?

 

If you’re in Canada as a temporary resident with a work permit a residency in the US won’t cancel it, same as when you originally got the work permit you were a resident of another (presumably your home) country.

 

The work visa itself is a strong evidence of essential travel to Canada but doesn’t automatically grant you re-admission so make sure to follow the government guidelines to ensure you won’t be denied re-entry to Canada.You should also look into OHIP and tax implications. You may not be covered- work permit allows you to legally work in Canada but doesn’t automatically make you a resident 

Edited March 28, 2021 by NimF