IR1 Visa Denied at POE

[Crazy Cat 41,884]

12 minutes ago, Jesserose24 said:

if she had any intention of becoming American PR she cannot work for the Canadian company in the US

This is not true.   Ever heard of remote work?  There is no prohibition to working for foreign companies. The fact is that the agent overstepped his/her bounds, imo.

Edited February 21, 2022 by Crazy Cat

[Crazy Cat 41,884]

9 minutes ago, Jesserose24 said:

while demonstrating no actual intent to permanently reside in the US created a flag for this agent.

Show me the requirement to PERMANTLY reside in the US?  LPRs can voluntarily surrender status at any time.

[Lemonslice 4,843]

20 minutes ago, Jesserose24 said:

It sounds to me like she referenced her employment in some way.. if she had any intention of becoming American PR she cannot work for the Canadian company in the US (unless they have an American division etc). So landing while demonstrating no actual intent to permanently reside in the US created a flag for this agent. While rare, this would be in keeping with the agents goals and job during screening.

I kept my job in Canada for years after moving.  Was never an issue with immigration (taxes are another issue altogether).

ETA: some even commute daily to Canada - giving up employment in Canada is not a requirement at all. 

Edited February 21, 2022 by Lemonslice

[Jesserose24 62]

12 minutes ago, Crazy Cat said:

Show me the requirement to PERMANTLY reside in the US?  LPRs can voluntarily surrender status at any time.

Yes I understand that, but you can't demonstrate the intent to surrender while processing your landing. I'm not debating this, just sharing with OP my initial thought that holds some logical consistency. 

 

This is actually my border crossing and I spoke with their agents Friday. They confirmed I can arrive without my belongings and activate the day after I recive my passport. I also live very close to the crossing and explained I just don't want my cats in the car while we do paperwork. He said no problem, that timing will make sense. 

[Crazy Cat 41,884]

2 minutes ago, Jesserose24 said:

but you can't demonstrate the intent to surrender while processing your landing.

Absolutely nothing the OP did suggested intent to surrender.....

Edited February 21, 2022 by Crazy Cat

[Jesserose24 62]

6 minutes ago, Lemonslice said:

I kept my job in Canada for years after moving.  Was never an issue with immigration (taxes are another issue altogether).

ETA: some even commute daily to Canada - giving up employment in Canada is not a requirement at all. 

Yes, working IN Canada and commuting is absolutely an option. The fact that she drove over the border to catch a flight suggests tbey don't live closer enough to the border to commute for work each day.

 

The other situation, working for the Canadian company and never having US officials find out doesn't make it ok.

 

It sounds to me like the border agent douted her intent to reside. Remember there are many people who actually don't intend to reside in the US, and in fact just want the green card to sponsor other people. The Border agents are watching for things like that. I am not saying that this individual was going to do that but I can understand why it would appear that way to an agent.

1 minute ago, Crazy Cat said:

Absolutely nothing the OP did suggested intent to surrender......

We'll have to agree to disagree. Because to me it does sound like that, and it is subjective just like every border agent might process responses differently.

[Boiler 45,525]

1 minute ago, Jesserose24 said:

It sounds to me like the border agent douted her intent to reside. Remember there are many people who actually don't intend to reside in the US, and in fact just want the green card to sponsor other people. The Border agents are watching for things like that. I am not saying that this individual was going to do that but I can understand why it would appear that way to an agent.

So this is normal, I have never seen another case like this, links appreciated.

[Crazy Cat 41,884]

People often enter the US without belongs, then IMMEDIATELY return to their home country to tie up loose ends.......absolutely nothing illegal or wrong with that.   Nothing the OP did demonstrated intent to commit fraud..... this is a case of a power-hungry or extremely inept border agent. 

[Jesserose24 62]

11 minutes ago, Boiler said:

So this is normal, I have never seen another case like this, links appreciated.

It's not going to be common..

 

Most people who drive would have possessions for a move, and wouldn't make a reference to returning to Canada in a week, or a flight. My best guess without any more information from the OP, is that when they went to process her visa they realized how little she had with her and asked her about it and she explained that she was just visiting. Visiting wouldn't be a reason to activate a visa. So now on top of that they questioned her overall intent.

 

As for green cards being used for things other than an intent to reside I've seen a lot of it discussed in the Facebook groups I'm in. And I've even had a few people ask me for help processing their paperwork but straight up telling me they don't want to reside in the US they just want the option.

 

Again I'm not debating this with you I am just offering the OP my perspective which obviously isn't common but doesn't mean it wouldn't also exist in an agent.

 

 

[Jesserose24 62]

38 minutes ago, Crazy Cat said:

This is not true.   Ever heard of remote work?  There is no prohibition to working for foreign companies. The fact is that the agent overstepped his/her bounds, imo.

There's actually a lot of regulations around working for a Canadian company well in the US. Not the least of which is that that Canadian company must have permission to operate out of the US. I won't get into all the nitty gritty details of why but my family actually has experience with this situation. 

 

Nothing about this is fact border agents operate on subjectivity within the bounds of the law.

 

Again I'm not debating anything with you I offered the OP and alternate perspective.

[Boiler 45,525]

7 minutes ago, Jesserose24 said:

It's not going to be common..

 

Most people who drive would have possessions for a move, and wouldn't make a reference to returning to Canada in a week, or a flight. My best guess without any more information from the OP, is that when they went to process her visa they realized how little she had with her and asked her about it and she explained that she was just visiting. Visiting wouldn't be a reason to activate a visa. So now on top of that they questioned her overall intent.

 

As for green cards being used for things other than an intent to reside I've seen a lot of it discussed in the Facebook groups I'm in. And I've even had a few people ask me for help processing their paperwork but straight up telling me they don't want to reside in the US they just want the option.

 

Again I'm not debating this with you I am just offering the OP my perspective which obviously isn't common but doesn't mean it wouldn't also exist in an agent.

 

As was mentioned earlier in this thread it is common for people to come over and activate their GC and go back and wind things up, the Consulate even tells you not to prematurely quit your job etc etc.

 

You said this was something the PoE are looking for?, why only one case? 

[Lemonslice 4,843]

50 minutes ago, Jesserose24 said:

Yes, working IN Canada and commuting is absolutely an option. The fact that she drove over the border to catch a flight suggests tbey don't live closer enough to the border to commute for work each day.

 

The other situation, working for the Canadian company and never having US officials find out doesn't make it ok.

 

It sounds to me like the border agent douted her intent to reside. Remember there are many people who actually don't intend to reside in the US, and in fact just want the green card to sponsor other people. The Border agents are watching for things like that. I am not saying that this individual was going to do that but I can understand why it would appear that way to an agent.

We'll have to agree to disagree. Because to me it does sound like that, and it is subjective just like every border agent might process responses differently.

Bolded part - You are presuming here.  Nothing suggest she wanted to hide her employment status.   

No points in trying to understand what happened, too many details are missing. 

 

For immigrants looking to keep their foreign employment, I suggest to NOT make a decision simply based on what you read here/online.  In most situations, it is easily feasible, without hiding anything from any US officials. 

 

Edited February 21, 2022 by Lemonslice

[Jesserose24 62]

Just now, Lemonslice said:

Bolded part - You are presuming here.  Nothing suggest she wanted to hide her employment status.   

No points in trying to understand what happened, too many details are missing.  For immigrants looking to keep their foreign employment, I suggest to NOT make a decision simply based on what you read here/online.  In most situations, it is easily feasible, without hiding anything from any US officials. 

 

I didn't suggest the OP was trying to do this at all, I simply stated there are requirements and the commenter implied or was easy and no big deal. It's only nota big deal if all parties are aware and on board. That was a reply to a comment not to the OP.

[Jesserose24 62]

4 minutes ago, Boiler said:

As was mentioned earlier in this thread it is common for people to come over and activate their GC and go back and wind things up, the Consulate even tells you not to prematurely quit your job etc etc.

 

You said this was something the PoE are looking for?, why only one case? 

The consulate tells you not to quit your job until your Visa is issued, not to not quit until you've moved. 

 

You can't assume bc you only heard about it once it's only happened once. 

 

Yes activating the green card and returning to Canada is common however not months after the green card was issued and still not demonstrating an intent to reside. I'm saying that if I was a border agent and what it sounds like transpired transpired I would also question the validity of the intent to reside. That is all I am saying some people will look at this and see there is no intent to reside. I am not saying it is common I am not saying the majority of people would see it that way I'm saying it is possible for a border agent to have viewed it that way. There seems to be an assumption here that border agents operate in black and white and in reality their jobs are very much based on subjectivity.

[Boiler 45,525]

I will give you that just because this is the only one I have come across does not mean it has not happened and I certainly do not read every post on her by any stretch. You can see how this thread blew up and nobody else has come up with a similar case, the Lawyer was going ####### as well.

 

As a new resident you are notified what you will need to do to maintain your residence. 

 

I am also aware that we never get the full story and wondered of there was something else, does not seem to be but always a possibility.

 

So where does this obligation come from to demonstrate to the PoE that you will use you immigrant visa to meet the very vague residency requirements?