Entry through Land Border or Renouncing? (under time pressure)

[jfoejaoijfoaj]

Hi all,

I am facing a tricky situation:

My PR card expired in November 2016, and haven't applied for renewal because I have been living in the US for a couple years and can't meet the residency requirement.

I am visiting Canada in 3 weeks for a friend's wedding, and I'm debating between whether I should:

(1) apply to renounce PR status and then apply for a TRV (visitor) visa; or
(2) enter through land border with the expired PR card.

The issues/questions I have about the two options:

For (1), I'm not sure how long renouncing will take, and with the travel date in 3 weeks, I'm afraid renouncing + visitor visa application processes will take too long.

• I'm in New York, does anyone have information about roughly how long PR renouncing process can take if I apply in New York?
• Would it help at all to make a case for expedited processing of the renouncing process?

For (2), I've seen on here a lot of success stories with entering through land border with expired PR card, my questions are:

• In most prior cases officers ask whether you've submitted a renewal application, and in most success stories they answered "yes". I'm wondering if a "no" answer here would be detrimental, and if there's any way to make a case for why I haven't applied for renewal.
• Is it possible at all for border officers to deny entry in this case, and send me back to the US? If the officers determines that I don't meet the residency requirement, would I at least get a chance to enter on a temporary permit to appeal? As I recall you get a 30-day period to appeal before PR status can be officially taken away?

Apologies about multiple questions. Any answer/opinion would be much appreciated!

 

[Bs65]

Others can comment but putting aside whether to renounce and apply for a TRV , as a PR still you are entitled to enter the country regardless of whether your PR card is expired or not. PR cards expire PR status never expires it can only only be revoked or renounced.

Granted given the card expired 18 months or so ago and you have failed the RO you will likely be asked a few more questions than usual and may get reported possibly leading to the proces being started for PR to be revoked but you would not be turned away. Strange as it sounds even sometimes people in your situation do not get reported and enter without any extra scrutiny, no way to predict one way or the other, but as said regardless PRs are always entitled to enter.

Given you only have 3 weeks then personal view is doubtful you could renounce and get a successful TRV in that time.

 

[jfoejaoijfoaj]

Others can comment but putting aside whether to renounce and apply for a TRV , as a PR still you are entitled to enter the country regardless of whether your PR card is expired or not. PR cards expire PR status never expires it can only only be revoked or renounced.

Granted given the card expired 18 months or so ago you will likely be asked a few more questions than usual and may get reported possibly leading to the proces being started for PR to be revoked but you would not be turned away.

Given you only have 3 weeks then personal view is doubtful you could renounce and get a successful TRV in that time.

Thanks a lot for your answer!

Based on your answer, I suppose you mean that the border officers don't have authority to revoke my PR status at the border immediately? If they care to check my past border entry record they can probably easily find out that I haven't entered Canada in more than 4 years. It would be great if the only thing they can do is to report and start the process of revoking my PR status.

 

[vensak]

If you do not care about Canadian PR, you can do simply following:
1. Use land crossing. (where at certain point you will have to reveal that you are PR).
2. Being reported is almost certain. But they still have to let you in (you have right for that as a PR)
3. Then your 30 days period to appeal will start (you can use it or not). So that will give you time to attend that marriage.
4. And you can leave at the end.

Just be aware that next time you will try to enter Canada (unless you appeal), you will not be PR anymore. Which would mean whole part with visa and such. But if you have a USA Green Card, that should solve that problem.

 

[jfoejaoijfoaj]

If you do not care about Canadian PR, you can do simply following:
1. Use land crossing. (where at certain point you will have to reveal that you are PR).
2. Being reported is almost certain. But they still have to let you in (you have right for that as a PR)
3. Then your 30 days period to appeal will start (you can use it or not). So that will give you time to attend that marriage.
4. And you can leave at the end.

Just be aware that next time you will try to enter Canada (unless you appeal), you will not be PR anymore. Which would mean whole part with visa and such. But if you have a USA Green Card, that should solve that problem.

Thank you for answering! That's very helpful.