Experience at Land Border Crossing

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Hi - I have a valid PR till April 2014, however I have not met the Residency Obligation Requirements, and am currently staying outside Canada. The last time I visited Canada in April 2012, I was pulled up at the Airport for additional questioning and a 'warning' remark placed in my Passport (that I was at the risk of losing my residency as I have stayed outside for too long already).

I am finally ready to settle in Canada and plan to enter via land border (Niagara or Windsor) before my PR card expires. I have gone through many posts in the forum but couldn't find anything where people who were in a similar situation as mine share their experiences at the border crossing. I do understand a lot will depend on luck - if the border officer reports me, I am in a sticky situation and will need to appeal ; if he doesn't, I can stay continuously for 2 years and then renew my PR.

Can anyone please share their personal experience of crossing the land border - good and/or bad - so I can have an idea about what to expect. I am planning to do the crossing in Dec or Feb - are these tough or easy months? Anything else I should prepare myself for? Appreciate any insight/tips people can provide. Thanks!

 

[neoseal]

Anyone to share experience....

 

[Moe...]

Crossing the Canadian border by land from USA is relatively easy when compared to international inbound flight. By land people cross even with expired PR Cards but you need to carry your original Landing Paper and valid passport. You can tell the border officer not to report you as you have now planed to settle down in Canada permanently and will not keep moving in and out.

 

[ads7484]

Thanks Moe, thats slightly optimistic news for now.

But, do we have anyone thats actually been through this recently, who can share their personal experience, i.e someone who crossed via the land border with a PR card that is a few months away from expiry, and what they went through with regards to questioning etc

 

[neoseal]

Can we cross land border from USA into Canada based on ESTA from visa exempt country. I have read somewhere that ESTA can only be used to enter and exit USA on commercial transport only. Can someone please confirm.

 

[joeblowcocomo]

There is normally no exit border control when travelling from the US, and Canada would not care about ESTA.

 

[Msafiri]

Can we cross land border from USA into Canada based on ESTA from visa exempt country. I have read somewhere that ESTA can only be used to enter and exit USA on commercial transport only. Can someone please confirm.

ESTA is for VWP eligible passengers arriving in the US. To get VWP admission you need a ticket out of the US to a country outside a specified territorial range as per US immigration law. Canada is considered within this territorial range so CBP can bounce you from entering the US if you show up at say JFK and your onward ticket is to Canada unless you have proof that you are not a visitor to Canada. Since you don't have a valid PR card then this is tricky. Canada doesn't care about ESTA nothing to do with them. You just have to show up at the relevant US/ Canada land border and try your luck.

 

[neoseal]

Msafiri, exactly that is my concern, if I dont have return or exit ticket from US, they can refuse entry. I need to visit few relatives in US before I proceed to Canada for 2 years PR obligation. I plan to exit US in a private car to Canada, I have a valid PR card. Is it possible using ESTA?

 

[Msafiri]

Msafiri, exactly that is my concern, if I dont have return or exit ticket from US, they can refuse entry. I need to visit few relatives in US before I proceed to Canada for 2 years PR obligation. I plan to exit US in a private car to Canada, I have a valid PR card. Is it possible using ESTA?

Sorry I don't get your question - you can't enter US on VWP without return or onward ticket unless the CBP agent is not on the ball? Get a return ticket and either take the hit on the return leg or cash it in if a full flex fare once you are in Canada.

 

[neoseal]

That is what I was thinking, to get a return ticket and cash it on later. However, how will US immigration know that I have left US. Will their system tally airline data or do they manually feed in my exit into ESTA system upon my leaving US. The following is from ESTA faq.

"If I fly into the United States and out of Canada or Mexico, do I need a visa?

It will depend on your itinerary. If you have an onward ticket for each stage of your journey, including the journey between the United States and Canada or Mexico, you may travel without a visa. Should you choose to travel this way, you must be in possession of the tickets for each stage of your journey on your initial entry into the United States. You cannot buy the ticket for the journey between the United States and Canada or Mexico on your arrival in the United States. If you will depart the United States for Canada or Mexico by private transport, you will require a visa."

 

[Msafiri]

That is what I was thinking, to get a return ticket and cash it on later. However, how will US immigration know that I have left US. Will their system tally airline data or do they manually feed in my exit into ESTA system upon my leaving US. The following is from ESTA faq.

"If I fly into the United States and out of Canada or Mexico, do I need a visa?

It will depend on your itinerary. If you have an onward ticket for each stage of your journey, including the journey between the United States and Canada or Mexico, you may travel without a visa. Should you choose to travel this way, you must be in possession of the tickets for each stage of your journey on your initial entry into the United States. You cannot buy the ticket for the journey between the United States and Canada or Mexico on your arrival in the United States. If you will depart the United States for Canada or Mexico by private transport, you will require a visa."

At Canada border post CBSA agent should/ will take your I-94W departure record - if he/she doesn't then make sure you give it to them. CBSA pass these departure records onto CBP each day. The US don't care if you don't go back as long as they have proof you left. The hard sell will be convincing CBP why you are entering the US. Have you used the VWP before? Check the conditions for use carefully in addition to citizenship there are other 'law' related provisions.

 

[neoseal]

You are absolutely right Msafiri, I am thinking to drop the whole idea of entering US, or if I enter, will fly out on commercial airlines to Canada, so as to satisfy the return/forward journey on ESTA.

 

[Msafiri]

Not sure I still get you. You either:

1. Fly into Canada direct and deal with CBSA at the border.

2. Fly into the US - for VWP you need ESTA. You have your return or onward ticket. An onward ticket to Canada won't fly for VWP unless you have proof you are not a visitor to Canada - normally you show your PR Card or have say a work permit. None of this apply to you so how does the US know you are a Canadian PR. If all ok CBP admit you for 90 days or less if they have issues. For all CBP know you are on vacation. You travel to Canada via non commercial means at a land border. CBSA takes your I-94W and pass it on to CBP.

3. If 2 either take the hit on journey out of US or cash the ticket.

Canada doesn't care about ESTA is what I've been saying - you are just a PR at the border seeking admission without your PR Card...they will check your status, ask you some questions and let you in with or without a report.

 

[neoseal]

- normally you show your PR Card or have say a work permit. None of this apply to you so how does the US know you are a Canadian PR. "

I have Canadian PR, PR card valid until March 2015

 

[Msafiri]

I have Canadian PR, PR card valid until March 2015

My bad....if you have a valid PR Card why bother with entry via the US?