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Isn't it illegal to deny a traveler with all proper documents?

acer925

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Jan 1, 2010
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I came into Canada in Aug. this year, left in Oct. for a week and when I returned they almost didnt let me in and gave me a visitors record and only gave me 2 weeks more to stay. I applied for an extension with CBSA ($75 later) and am waiting to hear back in January. So right now my status is "implied visitors status" untill I hear back for my extension. I called the border services and asked if I were to leave Canada before I got the answer to my extension back, what would then happen. He told me I would no longer have "implied visitors status" and it would be the same process as entering the last time and to bring my reciept for my extension app. This to me seems illegal, I am a US citizen wishing to travel with my passport, I have no criminal history or anything that would allow them to deny me entry. So why is it such a question mark if they were to allow me back into Canada? CBSA said the same thing as them, that it is up to them. It should not be a question though, why am I being treated like this when I did nothing wrong? My friend and I wish to visit with family and friends in the states for xmas but now we aren't b/c we are scared that they will deny me back into the country! Whats going on here?!?! Please help!!
 

scylla

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Jun 8, 2010
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No - it's not illegal at all. The short answer is that visiting Canada is a priviledge - not a right. Being American gives you the priviledge of not having to apply for a visa to enter Canada. However it does not give you the right to enter Canada. (Same goes for Canadian visitors to the US.)

I think the problem in your instance is that you have started behaving more like a resident of Canada than a visitor by staying from August to October, leaving for a week, and then returning again. This is one of the "red flags" they watch for at the border since it's regarded as an abuse of the visitor priviledge. (Again, same goes for Canadians visiting the US. If you go too often and/or for too long, you can be denied entry.)

Unfortunately no one can predict if your extension will be granted and/or what will happen the next time to try to enter Canada. If/when you do try entering Canada agian, I would bring as much proof as possible that shows ties to the US (e.g. property ownership, mortgage, bank accounts, lease agreements, pay slips). Approach all border crossings with the "it's a priviledge" and "I'm only a visitor" mindset and don't get into arguments with officials. Better to be denied entry into the country than be slapped with a ban. (There are one or two Americans on this board who were actually banned for one year from Canada for visiting too often.)

Having said all of the above, my husband was able to cross back and forth easily for several years before he obtained his PR status. However he had a Nexus card and I'm convinced this is the reason he was able to do so easily.

Good luck. Hope this info helps at least somewhat...
 

kelKel

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Apr 8, 2010
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Acer stay put for the holidays. You had trouble last time at the border, I imagine the next time won't be as easy. You have your whole life to visit family and friends in the US. If you and your partner are truly serious about reaching the one year goal of living together for CL PR application then I would, if I was in your place count your blessings that you're here with the one you love.

My bf is from a visa exempt country as well and our application is processing and he won't see his family for another Christmas because we have the same fear of not being allowed back in. Sometimes you just have to suck it up. Deal with all the immigration torture now and in the future you'll look back and be happy you did :)
 

Baloo

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acer925 said:
This to me seems illegal, I am a US citizen wishing to travel with my passport, I have no criminal history or anything that would allow them to deny me entry.
scylla is right, there is nothing illegal in this.

Read the notes for visitors on the CIC web site http://www.cic.gc.ca/english/visit/index.asp

As far as I am aware, the only people that are always allowed in are Citizens and PR holders.
 

Line.a

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Nov 23, 2010
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hi, i fear i'll get in the same situation. i went to Canada for 4 weeks in october and november and i'm planning to go for 2,5 months this time do you think they will find that abusive?