Getting to Canada at the US border without a visa due to horrible situation

[hkalltheway]

I am a Permanent Resident of Canada, and got married overseas in 2009. I had planned to return to Canada to sponsor my wife outland in 2010. However, we had a baby, who died two days after birth, and we have all death documents. It was a terrible period for my wife and myself. Since then, obviously, she was traumatized enough that she could not live without me.

The problem in my situation is that I cannot sponsor her outland, as I am not living in Canada myself. If I go to live in Canada, my wife is traumatized enough that she will not be able to live alone without me. On the other hand, if I was a Canadian citizen, I could have signed a document that said I intend to return to Canada if my wife's visa is approved. As a PR, I cannot even do that.

We truly intend to move to Canada, and sponsoring inland is the only option. However, to sponsor inland, she needs a visit visa, which has been rejected, because I am a PR. I am in a two catch situation, and nothing seems to be working.

Therefore, I am asking...if I am able to get a US visa for all of us (I already have one, and it won't be difficult to get the visa for my wife), can we come to the Canadian border and request entry on humanitarian basis explaining this whole situation, as there is no other way for me to sponsor her, and she cannot live without me due to the death of our child. Could they issue a TRP or Minister's permit at the border for this situation? We will obviously tell them we are trying to get into canada and she holds no visa, but here is our story....do you think we stand a chance to get her in, with the intention of dual intent? We are Pakistani citizens by the way. Please assist. Thank you.

 

[fernendez]

Sorry to hear your problem. If you married in 2009, why are you just stating the process?

 

[hkalltheway]

Sorry to hear your problem. If you married in 2009, why are you just stating the process?

Because we didn't find it urgent at the time and we never thought of it. Now, I am not satisfied with my job, and we have an infant child, who we wish could attend school in Canada after a few years, and my PR is expiring next year, so this is the time to move.

 

[fernendez]

Since getting your PR, i believe you have not lived in Canada for 3years. Have you? If no, you are not even admissible to Canada talk less of sponsoring someone!!

 

[hkalltheway]

Since getting your PR, i believe you have not lived in Canada for 3years. Have you? If no, you are not even admissible to Canada talk less of sponsoring someone!!

If you read my situation carefully, I am sure you wouldn't have been so ignorant. I planned on living in Canada, but due to the death of my child, I wasn't able to, as if I want to, I must live there with my wife. I will only apply for her PR after I meet my PR obligations. I am asking about getting a TRP or Minister's permit at the border, based on my situation; possible or not? Please read my whole situation in the original thread. Thank you.

 

[chelley]

I think it's unnecessary to call the pp ignorant, as by the dates you've given it's somewhat unclear as to whether youve fully met residency obligations, not sure when you became a PR, but there is a minimum amount of time you must spend in Canada to maintain this status (believe it is 2 of 5 years), extrenuating circumstances or not... Maybe you are aware of this and this is why you are grasping at straws? Not sure, but I wouldn't bank any savings you have into making this trip... They recommend applying for canadian visas well in advance of travel and showing up at the border is liable to raise red flags given your circumsrances...

Not sure if you have an H&C case, I've heard of visitor visas denied for practically the same situation (mother had baby in Canada who was born with health issues, they knew in advance baby would not survive and applied for TRV with all doctors notes so father could be present for baby's birth/passing, was denied)... it's possible the only way your wife will come to Canada is if you return and sponsor her as per procedures... Your family "trip" money would be helpful in your absence to maintain the household...

If this is a reality you cannot face, I'm not sure Canada is in your future unless you start the process again as a skilled worker with your family on your new application

Good luck

 

[Mrs Proper]

I'm very sorry for your loss!!!

But I'm not understanding why it matters when he started the process! My husband and I have been married since 2006 and jus started sponsorship in 2010, so his question is irrelevant and I wouldn't of even responded!

 

[chelley]

Yes, you're not understanding... He is a PR holder and has not resided in Canada in at least the past 2+ years... His own status is in jeopardy... If he cannot maintain valid PR status, he is not eligible to return to Canada, nevermind sponsor...

 

[scylla]

Could they issue a TRP or Minister's permit at the border for this situation? We will obviously tell them we are trying to get into canada and she holds no visa, but here is our story....do you think we stand a chance to get her in, with the intention of dual intent? We are Pakistani citizens by the way. Please assist. Thank you.

I don't think border officials have the power to do this. I believe you'll be turned away at the border and told to apply through the visa office. Hopefully someone else can confirm.

 

[che.the.spy]

I don't know a lot about it, but it seems to me the best thing would be to contact the MP in the area where you were living, explain the situation, and see if they can contact the visa office on your behalf.

I've had friends turned away at the border and forced to sign papers saying they will never return to Canada under threat of arrest and having their vehicle impounded for nothing but the suspicion that they might want to remain in Canada or work illegally.... Some border guards can be very unpleasant, and having an experience like that would probably not help anyone.

I don't mean to scare you, but please be aware of the way border guards look at situations, they are very quickly scanning a lot of people and often are not very interested in hearing peoples legitimate explanations. Canadian immigration is very far from perfect, and while I wish they would be more understanding and helpful in situations like yours, there is a good chance that they would not be.

Hope you can find some solution.

 

[nae-nae]

very sorry to hear about the passing of your baby!

chelley is right about your PR obligations to live in Canada for 2 out of 5 years, you can go to the website to confirm the information

http://www.cic.gc.ca/english/newcomers/about-pr.asp#keep_status

which states:

Keeping your permanent resident status
Your permanent resident status allows you to live in Canada, but there is also a time limit on how long you can live outside the country. To keep your status as a permanent resident, you must live in Canada for at least two years within a five-year period.

For further information on residency obligations, please see Appendix A of Applying for a Permanent Resident Card.

Losing your permanent resident status
There are several ways you could lose your permanent resident status:

•A permanent resident who does not meet their residency obligations could lose permanent resident status.
•If convicted of a serious crime, a permanent resident may be deported from Canada.
When you become a Canadian citizen, you are no longer a permanent resident.

I'm not sure how long you have actually lived in Canada or how long you have lived outside of Canada since obtaining your PR status.

Perhaps you should consult with an immigration lawyer about the best route to take at this point. If you haven't fulfilled your PR obligations, most likely you will not be able to enter Canada or keep your PR status and they will not likely approve another PR application.

 

[steaky]

Can't the OP find someone else qualified to look after his wife in her home country, while the OP lives in Canada to remain eligible to sponsor his wife outland?

Besides, I think this is a scam. In the beginning of this thread, the poster said his child died two days after birth. But after reviewing his profile, I read two old posts below mentioning his child on Oct 6 and Oct 10 respectively:

Hey all, we recently had a baby, and I am a PR card holder. I am trying to get a visit visa for my wife to Canada with my child. If they both are able to get a visit visa, can I apply inland for both of them? I am confused about applying for dependent children inland. Is it possible? Please advise. Thank you.

How about if I am able to show close ties to Dubai, for example: car ownership, tenancy contracts, credit card outstanding loans, loan from company, which will indicate in a letter that it will take me 9 months to pay off on a payment schedule that I am following for the past two months, among other documents. How about if I get an invitation letter from her friend in Canada that she is invited to their fifth anniversary, and if I don't show that I am traveling with her and my child? Would the chances improve?

 

[dair2dv8103100]

Can't the OP find someone else qualified to look after his wife in her home country, while the OP lives in Canada to remain eligible to sponsor his wife outland?

Besides, I think this is a scam. In the beginning of this thread, the poster said his child died two days after birth. But after reviewing his profile, I read two old posts below mentioning his child on Oct 6 and Oct 10 respectively:

Well.. to give him the benefit of the doubt.. he did say his baby died in 2010.. enough time has passed that they could have had another ?? Maybe?? :

 

[awor]

Besides, I think this is a scam. In the beginning of this thread, the poster said his child died two days after birth. But after reviewing his profile, I read two old posts below mentioning his child on Oct 6 and Oct 10 respectively:

Well.. to give him the benefit of the doubt.. he did say his baby died in 2010.. enough time has passed that they could have had another ?? Maybe?? :

He didn't say the baby died in 2010, just that they planned to return then and their baby died before they could. She could have gotten pregnant with #2 any time pre-Jan/Feb 2010 and had the baby Sept/Oct 2010. I think judgement is a little premature.

 

[dair2dv8103100]

He didn't say the baby died in 2010, just that they planned to return then and their baby died before they could. She could have gotten pregnant with #2 any time pre-Jan/Feb 2010 and had the baby Sept/Oct 2010. I think judgement is a little premature.

I did not make any judgement... I was simply stating the same as you... it is possible they have had a second child since then.