Can a PR who didn't stay long go back to USA if Canada boarder agent would mark the case?

[AbdelAllah]

Hello all,
I'm asking for a friend who has a PR status but didn't stay long to renew it.
He can come from the USA boarders by car, but asking if the Canadian boarder agent would mark his case and send it to the court, can he just ask to return to the USA without entering Canada so he can try this again hoping that another agent would let him in without issues?

Sorry I know this is a bit weird question, but he is hoping to get some guidance on this idea.

~

 

[armoured]

Hello all,
I'm asking for a friend who has a PR status but didn't stay long to renew it.
He can come from the USA boarders by car, but asking if the Canadian boarder agent would mark his case and send it to the court, can he just ask to return to the USA without entering Canada so he can try this again hoping that another agent would let him in without issues?

Sorry I know this is a bit weird question, but he is hoping to get some guidance on this idea.

~

Basically no, or at least very high chance that no. Even if they did let him return to USA, almost certainly they'd flag his file and chances wouldn't be much better.

(Note I'm not addressing whether the return is even technically possible)

 

[scylla]

Hello all,
I'm asking for a friend who has a PR status but didn't stay long to renew it.
He can come from the USA boarders by car, but asking if the Canadian boarder agent would mark his case and send it to the court, can he just ask to return to the USA without entering Canada so he can try this again hoping that another agent would let him in without issues?

Sorry I know this is a bit weird question, but he is hoping to get some guidance on this idea.

~

No

 

[scylla]

Just a hypothetical scenario - what happens if - a person has expired visas for both USA and Canada, (but valid status in USA and living in USA) (note that visa is only required for entry and may not correspond to legal status), and while crossing land border from USA to Canada he's turned down by CBSA at the border? He cannot enter Canada, neither can he re-enter USA.. is he in no-man's land? What happens in this situation? Where does he go?

Canada would return you to the US and the US would determine what to do with you based on their rules.

 

[canuck78]

Just a hypothetical scenario - what happens if - a person has expired visas for both USA and Canada, (but valid status in USA and living in USA) (note that visa is only required for entry and may not correspond to legal status), and while crossing land border from USA to Canada he's turned down by CBSA at the border? He cannot enter Canada, neither can he re-enter USA.. is he in no-man's land? What happens in this situation? Where does he go?

If they have valid status in the US why wouldn’t they be able to enter the US again?

 

[scylla]

If they have valid status in the US why wouldn’t they be able to enter the US again?

It's explained in the OPs post. There are a number of circumstances where someone's status can be valid while in the country but they don't hold a valid document that allows reentry. An example of this on the Canadian side would be holding a visitor record but not having a valid TRV.

 

[armoured]

Just a hypothetical scenario - what happens if - a person has expired visas for both USA and Canada, (but valid status in USA and living in USA) (note that visa is only required for entry and may not correspond to legal status), and while crossing land border from USA to Canada he's turned down by CBSA at the border? He cannot enter Canada, neither can he re-enter USA.. is he in no-man's land? What happens in this situation? Where does he go?

Note that on your above scenario (i.e. that you started this thread with), the person is a PR albeit with expired document.

Canadian law is that a PR who is identified as such MUST be admitted to Canada.* CBSA is serious about this and does not mess about with it. That the person may be written up for non-compliance and eventually have PR status revoked is a different matter - the person remains a PR until the process of revocation is complete.

Now if this person tried to return to USA claiming Canada wouldn't admit them - well, I believe USA would know from Canadian authorities what the situation is before the individual made it back to the US checkpoint.

It's not a game, and attempts to mess about with it will have consequences.

* The law is phrased somewhat differently but amounts to this. CBSA will generally identify a person as PR from their databases, even if the person doesn't show a PR document. (Exceptions are rare - basically only people whose PR status is ancient and hasn't been properly computerized, or just some administrative errors).

 

[armoured]

I did not want to hijack this thread, but nonetheless, the scenario I was talking about was where the person is not a PR, but just has expired US and Canadian visas. If the person is a PR, the scenario I described above would obviously not arise.

This is precisely what you did, hijack the thread without making clear you're talking about a completely different case in a part of the forum that has nothing whatsoever to do with that use case.

Saying "I don't want to hijack the thread" is an utterly useless verbal formulation when that's just what you've done, and after the fact to boot.

This is my way of saying "that's a pretty obtuse way of going about things."