algdantes said:
THANK YOU! That's exactly what I meant. I was wondering if I made the question sound confusing...
Since my mother is technically still considered a PR up until the last day of appeal passes, she would still have the legal right to enter and file her appeal there, right? That's good to know.
Yes.
Technically.
What happens in practice, however, is not always according to the technicalities.
Waiting until there is just a week left to make the appeal, and then trying to do this, would invite the risk of things going awry.
Cutting things close, let alone waiting until the last minute, is rarely if ever a good plan. (Disclosure: I have lived my life otherwise, and often paid the cost for doing so, but sure I have, more often, been successful sliding by again and again; I have been very fortunate; but make no mistake, and this is especially true when dealing with large bureaucracies,
cutting it close is risky.)
In particular, my sense is that it would be best to file the paperwork to make the appeal before making the trip and attempting the border crossing by private vehicle at a U.S./Canada land crossing. Or, at the least, make the trip as soon as possible with a significant number of days left before the time to appeal has passed.
Note: I do not know what FOSS will show for someone in this situation, between the date the PR TD application is rejected and the date the time to appeal has passed.
I am no expert. I doubt you will be able to obtain a definitive or reliable answer about what FOSS will show during this time period. So, as I noted in my previous post, what will actually happen at the PoE is uncertain.
Perhaps the worst case scenario, if the appeal has not been made before arriving at the PoE, is a difficult examination. Make no mistake, however, about just how difficult such an event can be for a lot of people who are not confidently well-informed and highly capable of representing themselves in such situations.
My sense is that if the paperwork for the appeal has been submitted, and she is carrying a copy of that, the risk of difficulty is low, at the least much reduced. Beyond that, the sooner the crossing, and the more confidently and emphatically she can and will represent herself, making the case she is appealing the PR TD rejection, she should be allowed to enter . . . but the closer she is the last day the appeal can be made, the more risk there is the interaction with border officials will not go well. For PRs who are inadmissible because of a breach of the PR RO, the border officials are
NOT supposed to push them to surrender PR status, but it appears the border officials often do
suggest the PR do so, so that the PR can then be allowed to enter as a visitor, for up to six months. There are some indications the border official's
suggestion can be made rather emphatically, forcefully, in a manner implying the PR might not be allowed to enter Canada otherwise. And, ultimately, even if the outcome is she is allowed to enter Canada (as she should be so long as an appeal can be timely pursued), the experience at the PoE can be extremely upsetting for some. Best to avoid as much risk as possible. Get the appeal paperwork filed as soon as practically possible.
