CBSA/CBP report requested at interview HELP PLEASE

[btdevil]

So here is what happened today at test in Mississauga.

The officer opened my file and said there is residency concerns by the airport immigration officer. Then asked me a few questions and says I need to send in more information. I went to school in the US from June/2009 to May/2010. And went to grad school after May/2010 and stayed in Canada all the way until I applied for citizenship in Jun of 2013. I had 60 days over 1095 days in Canada when I applied.

The officer says that I had F-1 visa so I could have been in the US for the whole year of 2010. But I had my grad school transcript in Canada which shows my first school semester was Summer 2010. How could I possibly be in the US when I was going to grad school full time in Toronto? After I came to grad school in Toronto in May 2010, I only left for 10 days to home country before my application.

The officer let me sign a paper and says she will get CBSA report, and if she was not satisfied I will need to submit a CBP report from the US side. I do not get this, I studied full time in Toronto for 2 years and worked afterwards. Wasn't this enough to prove I was physically here?

Any opinions or experience are welcome.

 

[links18]

Did the officer have your grad school transcript in front of them when they made the decision to request more info? Regardless, there isn't much you can do about it now. BTW, it can take a very long time to get your CBP records from the US and sometimes they just ignore you entirely. You better apply now and be prepared to show that you have at least applied for them, if CIC comes back and requests it.

Did they give you a form CIT 520?

 

[btdevil]

I brought my transcript and also included the transcript in my application. But she didn't even look at it. She just said "you need to send in more information. She said she will get CBSA report herself and later I may have to send in the CBP report myself which may take up to a year. I tried to explain that I definitely met the requirements but she was convinced I might not meet which I totally don't understand....I definitely met the requirements.

 

[links18]

I brought my transcript and also included the transcript in my application. But she didn't even look at it. She just said "you need to send in more information. She said she will get CBSA report herself and later I may have to send in the CBP report myself which may take up to a year. I tried to explain that I definitely met the requirements but she was convinced I might not meet which I totally don't understand....I definitely met the requirements.

You got a bad officer who was either suspicious of you for some reason you will never know or was too lazy to take the initiative to look at your documents. There isn't much you an do at this point. I really do not like this over reliance on border records that are probably not entirely accurate or complete. Sometimes they could just use their common sense and avoid the hassle. Of course, with all the "distance learning" going on these days, attendance at graduate school is not necessarily dispositive proof of physical presence on campus.

If you are sure you met the requirements and you don't think you will have to leave Canada while your application is pending you probably don't have much to worry about, but it sure is frustrating.

 

[mrbravo]

You got a bad officer who was either suspicious of you for some reason you will never know or was too lazy to take the initiative to look at your documents. There isn't much you an do at this point. I really do not like this over reliance on border records that are probably not entirely accurate or complete. Sometimes they could just use their common sense and avoid the hassle. Of course, with all the "distance learning" going on these days, attendance at graduate school is not necessarily dispositive proof of physical presence on campus.

If you are sure you met the requirements and you don't think you will have to leave Canada while your application is pending you probably don't have much to worry about, but it sure is frustrating.

why didn't you show her the stamps on your passport. Sometimes , the officer at the airport do not stamp the passport which is a major mistake. I recommend you apply for CBP immediately.

thanks

 

[maidentower]

Didnt you already authorize them to get the cbsa report in your application? I thought that is part of the background check that they do?

 

[Felixo]

why didn't you show her the stamps on your passport. Sometimes , the officer at the airport do not stamp the passport which is a major mistake. I recommend you apply for CBP immediately.

thanks

mrbravo, can you please guide me the way to apply for CBP?

 

[links18]

Didnt you already authorize them to get the cbsa report in your application? I thought that is part of the background check that they do?

Only since 2012. And there are good reasons NOT to allow them to get those records directly.

 

[mrbravo]

mrbravo, can you please guide me the way to apply for CBP?

I do not know how to apply for CBP. I have only applied for the CBSA one. I recommend you google it and it shouldnt' be hard

 

[rocky272727]

I do not know how to apply for CBP. I have only applied for the CBSA one. I recommend you google it and it shouldnt' be hard

https://help.cbp.gov/app/answers/detail/a_id/976
First link is for instructions

http://www.cbp.gov/xp/cgov/admin/fl/foia/
Second takes you to the online portal where you can submit your request

 

[ZYXWVU98]

I got this CBP report before. I waited for a year to obtain that. CIC just found a good excuse to delay the file for at least another year.

 

[links18]

I got this CBP report before. I waited for a year to obtain that. CIC just found a good excuse to delay the file for at least another year.

Yes, it can take a while to get this from US CBP (if you even get it at all), but I wouldn't call it a "good excuse" for delay. Apply for your records, show CIC you applied, if you get no response in a few months, motion CIC to move your application anyway. They can't hold it in abeyance indefinitely waiting for a document from a foreign government that may never come or may only come at some point in the distant future. US CBP's backlog is not your fault. You still deserve a timely decision on your application.

 

[Afalina]

And there are good reasons NOT to allow them to get those records directly.

Like what?

 

[links18]

Like what?

They will be able to track your coming and goings in the period while your application is pending in addition to the four year period pertaining to your citizenship application. This period has nothing to do with your citizenship application, but could cause additional scrutiny, RQ, etc. if CIC sees what they decide is a "suspicious travel pattern." Its your choice, but it may just be wiser to get the records pertaining to the four year period under question on your own.

 

[Afalina]

They will be able to track your coming and goings in the period while your application is pending in addition to the four year period pertaining to your citizenship application. This period has nothing to do with your citizenship application, but could cause additional scrutiny, RQ, etc. if CIC sees what they decide is a "suspicious travel pattern." Its your choice, but it may just be wiser to get the records pertaining to the four year period under question on your own.

I see, Thank you for the quick reply!