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My Border Nightmare.......Interesting Reading

Hands Down

Newbie
Sep 16, 2012
1
0
Here's my story...............

John and Mary came to Canada on December 8th 2009.
Our plan was to stay for a month's holiday and maybe extend it to 2 or 3 months if we liked it here.
We fell in love with Canada and decided to stay a bit longer.
We had a return flight and cancelled the original return flight.
This return flight is still valid

When we arrived we first hired a car for 10 days and stayed in a hotel for 10 days.
We then bought a cheap 2001 truck to get us around. We knew at that stage we would stay for the 2 or 3 months.
We were out one day driving in the xxxxxxx area and saw a house with a for rent sign on it.
I called the number and we chatted for a while and agreed we would rent the house from her on a month to month basis.
The house is completely furnished, down to mugs, plates etc.

Anyway, I was on the internet one day and was looking through the job section. Purely out of interest.
An add caught my eye. It was for a job exactly the same as I worked at in xxxxxxxx for almost 8 years.
We chatted for a while about it and I decided to give the guy a call.
He asked me to call in for a chat. I did and he seemed impressed with my experience.
Some days later he called me and asked would I be interested in taking the position.
I told him I would call to see him the next day and talk about my legal status in Canada.

Through many phone calls and internet searching we were told that in order to employ me he would need to get a Labour Market Opinion(LMO) and I would need a work permit.
We were also told that I could not apply for a work permit from within Canada.
So we agreed to go down this road.

The first step was to get a Positive Labour Market Opinion.
This was first applied for in March. The papers were lost 2 or 3 times.
Cutting a long story short, my employer received a Positive LMO on Wednesday May 19th.

As I had to leave the country to apply for a work permit, having researched my options, I decided to drive to the US border, leave Canada and re-enter to apply. I double checked with CIC Canada and was told that yes I could apply for a work permit as I entered the country once I had 2 things......a positive LMO and a job offer.........I had both.

The Fun Part.......................Or Not !!

We arrive at the US border and told the officer our plans, that was fine, he allowed us to enter the US and we simply turned around and re-entered Canada.
We spoke to an officer there, he gave us a yellow slip of paper and told us to park our truck and enter the building.

We arrived in and were directed to a desk where an officer was to deal with us.
Her first question was how long had we been in Canada. I told her we first arrived in Canada on the 8th of December.
Her immediate comment was “you both over stayed your holiday visa". I explained as it was the May 22nd, we had not. Her reply was, as she counted on her fingers, “yes you have.”
She then asked to see my wallet, which I handed over. She took everything out.
She asked me why I had a xxxxxxxxx identity card. I explained that I needed a master number in order to buy a vehicle.
Then she asked why I had a Canadian bank account. I explained that we used it to transfer money from our xxxxx account and to pay our vehicle insurance in Canada, which is taken out monthly.
I also had a Prepaid Canadian Tire credit card. I told her it was an offer that I took in the local store but it was no longer valid as Canadian Tire no longer uses these cards. I have written confirmation from Canadian Tire.
She then said " I don't believe that you are both here as holiday makers. You rent a house, bought a vehicle and have Nova Scotia bank accounts"
She told us to go sit and wait.
She was gone for about 20 minutes and came back and asked me for my folder with all my papers in it. I handed it over. I want to point out at no stage in this did we ever raise our voice or question her actions.
She returned about another 20 minutes later and asked us about our bank statement. What was this money, what was that money etc?
She asked for the keys to our truck and searched that.

She returned again after what seemed like 30 minutes and asked us to follow her to another room.
We sat there for almost an hour.
She called us up to the window and said “I don't believe your story. I have 2 options, one, I can have you deported right now or two; I can set up a meeting with an immigration officer for Tuesday morning. (This was Saturday). I am going with option 2. However, you cannot leave the province of xxxxxxxx If you do, I will have a warrant out for your immediate arrest".
We said fine. I tried once more to explain that we hadn't overstayed out 6 months but she wouldn't listen.
Again, she told us to wait.

We waited for almost another hour before she returned. When she did, she had 2 other officers with her. She said she needed to speak to us separately. They brought John to another room. 5 minutes later and a male officer returned to me and asked me to stand up. She proceeded to tell me that she was placing me under arrest under section something of the Immigration Act. I was asked to turn around and was handcuffed.
I buckled at the knees, in shock and fear.
She read me my rights and asked if I wanted legal aid or my consulate to be notified. I said No, as I felt I had done nothing wrong.
She took off the hand cuffs and said as I was co-operative she took them off but cautioned me that if my attitude changed I would be cuffed again.
I was in total shock and disbelief.
John was brought back out to me them. He too had been arrested. Our truck was impounded.
They told us that a Sherriff would be there at 2.30pm to take us to xxxxxxxxx Correctional facility. And that an immigration officer would see us in the morning.

I'm not sure what time he did arrive but I think it was almost 4.30pm.
He proceeded to handcuff us and said normally they cuff the ankles but because we had been co-operative all through this, he would not do so.
We were brought out in front of about 20 or more people and brought to the van. I have never felt so humiliated and embarrassed in my life. I have never even received a speeding ticket.
We were put in the van, separately.

When we arrived at the prison, we were taken inside to 2 separate cubicles. There was used Band-Aids on the floor. The place was filthy. I was asked to fully strip, while a guard stood there and looked at me. This may be procedure, but I was and am not a criminal. I was give prison clothes, which I would not allow a dog to sleep on. They were dirty and stained.
I was lead out of the cubicle, had my picture taken and was taken away to a cell. A cell which they said was all clean and ready for me. Disgusting and filthy doesn't describe it. The sink and toilet combo were like something from a horror movie. The bed clothes I was given before I went to the cell were filthy and had holes.

I was locked in the cell. I covered my head and cried. I still can't believe all this has happened.
Sometime after 9pm, a guard came in with an apple, a muffin and 2 cups of juice. I refused the food.
I asked for a roll of toilet paper, which I didn't until 12pm on Sunday.
On Sunday at around 11am a guard came to my cell with food, which again I refused. I wouldn't allow a stray dog to eat from those plastic plates. I asked if she had any idea of when the immigration officer was coming, she said no and shut the door.

At some time between 3 and 4pm a guard came to my cell and told me the immigration officer was waiting for me. What a relief. I asked her if John was down there. To which I got a very rude reply....I don't know anything about him, come on.
As I said earlier, never once did I raise my voice or behave in a rude manner. I even said thanks when they took off my handcuffs!!

I was brought down to a small room where I met with an Inland Enforcement Officer. I will call her Jane.
The first thing Jane said to me was, “before we begin, I know you did not overstay your 6 months visa." With this I broke down and said I knew this all along but xxxxxxxx just wouldn't listen.
I asked could I see John. She said let's talk first.
She then asked me had we come to Canada with the intention of staying, to which I replied no.
She asked me why we had furnished a house. Another mistake on xxxxx part. We rent the house completely furnished, down to mugs and spoons.
She asked why we had a Canadian Tire credit card. I explained.
She asked about why we bought a truck, I explained.
She told me she had already spoken to John.

I told her I would do whatever she wanted. I said I would return to xxxxxxx there and then, I had a return ticket; she looked at me surprised and said I was never told that.
I also said I would sign at a Police station twice a day if she wanted before we left the country.
She left the room for about 10 minutes and returned.
Told me she was going to release us and I would get the work permit. At this she left again. I broke down with relief.

She came back into the room and said we would have to pay for a taxi to bring us back to the border. At that stage I didn't care. She organised the taxi but we had to pay for it. $140. I would have paid $500 to get out of there.
She also said, don't mess this up and make me look bad, I will be keeping an eye on you both.

I was asked if I needed to go back to my cell for anything. NO. They took me down to where we were brought in and I was given my clothes back.
A few minutes later John was down and he too was given back his clothes.
What a relief to see his face.
He told me later that 3 times he asked to make a phone call but never got it.
He asked if he could see me, he knew what a state I was in. they gave him a visitation slip and said it could take 3 or 4 days.

Anyway, we got into our taxi, got back to the border.
When we got back xxxxx was supposed to deal with us but said she was in the middle of something else so the officer that was there when we were arrested dealt with us.
He commented that they felt bad about yesterday.

I got my work permit in the end but what a price to pay. Was supposed to be $150 but cost so much more.......embarrassment, humiliation and fear.

And all because xxxxxx can't count

This was almost 3 years ago now and I'm still here !! But still battling with immigration. John returned home a month later. I stayed and recently married a wonderful Canadian man. My husband is sponsoring me but immigration has our file almost 2 years now and we're still waiting.
Should I give up the dream??
 

backcountry

Star Member
May 28, 2012
109
9
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
21-03-12
AOR Received.
26-06-12
File Transfer...
28-06-12
Med's Done....
07-01-12
Passport Req..
20-11-12
VISA ISSUED...
29-11-12
LANDED..........
04-12-12
Wow. What an ordeal! Don't give up on the dream, it'll happen. :)
 

scylla

VIP Member
Jun 8, 2010
97,336
23,147
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hands Down said:
I stayed and recently married a wonderful Canadian man. My husband is sponsoring me but immigration has our file almost 2 years now and we're still waiting.
Should I give up the dream??
Depends - did you apply inland our outland? If you applied outland - then a two year wait is certainly very long for a US applicant. If you applied inland - then two years isn't that unusual.
 

Fencesitter

Champion Member
Sep 29, 2011
1,761
52
Category........
Visa Office......
Hong Kong
Job Offer........
Pre-Assessed..
App. Filed.......
April 13, 2012
AOR Received.
AOR2 July 25, 2012
File Transfer...
July 13, 2012
Med's Done....
Mar 1, 2012
Interview........
WAIVED!
Passport Req..
Aug 28, 2012
VISA ISSUED...
Sept 24, 2012
LANDED..........
Jan 30, 2013
And you didn't take legal action against the Canadian government because...why?

They made a huge mistake and caused you a lot of suffering...should have sued them!

I wouldn't give up the dream...

FS
 

darwinwap

Hero Member
Jun 1, 2012
220
5
Category........
Visa Office......
Vegreville AB
Job Offer........
Pre-Assessed..
App. Filed.......
03-08-2012
AOR Received.
15-11-2012, AIP - February 3, 2013
Med's Done....
May 2012
Sorry to hear this, I don't know but usually when the immigration officer is a woman they tend to be strict and difficult. Male officers are more friendly and accomodating. Had a lot of experience regarding this.
 

steaky

VIP Member
Nov 11, 2008
15,200
1,871
Job Offer........
Pre-Assessed..
Fencesitter said:
And you didn't take legal action against the Canadian government because...why?

They made a huge mistake and caused you a lot of suffering...sue them!

I wouldn't give up the dream...

FS
Can you sue anything that happened 3 years ago?
 

Fencesitter

Champion Member
Sep 29, 2011
1,761
52
Category........
Visa Office......
Hong Kong
Job Offer........
Pre-Assessed..
App. Filed.......
April 13, 2012
AOR Received.
AOR2 July 25, 2012
File Transfer...
July 13, 2012
Med's Done....
Mar 1, 2012
Interview........
WAIVED!
Passport Req..
Aug 28, 2012
VISA ISSUED...
Sept 24, 2012
LANDED..........
Jan 30, 2013
I was talking about at the time of this happening...obviously :p

FS
 
A

achander

Guest
Insane Experience. I would not have expected to hear such a story based on Canadian border agents. If it were the US, it probably would make more sense. I have always had very good experiences with border agents in Canada. I'm glad you are okay and well now.

To answer your question, if you applied in-land the wait is a lot longer, but if you applied Out-Land then you should be worried by now...hopefully you will hear something soon.

cheers and best