Hi everyone,
Unfortunately I am in a very bad situation and very worried about my outcome which is rejection and ultimately a 5 year ban as per section(40) of the Immigration and Refugee Act.
Although I did have a US visa, when I went to flagpole to the United States for my PGWP, I told the officer that I had no intention of entering the United States and was therefore given a "Administrative Refusal" to return back to the Canadian Border. I received my PGWP at the Canadian border and all's was well.
When I submitted my application for Permanent Residency, in the statuary question "Have you been denied entry to Canada or any other country?" I answered "NO" thinking what happened at the US border wasn't considered a denial of entry but more of a voluntary refusal. Well, that's not how IRCC is looking at it and last week I was given a Procedural Fairness Letter saying that I have been untruthful in my application and has given me a chance to provide explanation to the VO's concerns.
I know responding to the PFL is THE last chance of trying to convince the officer that I had misinterpreted the question and saving myself from a potential ban. Right away, I have hired experienced lawyers who deals with Procedural Fairness Letters and are currently drafting up a response to be sent to the officer. They are actually thinking of asking for an extension given the VO has only given me 7 days to respond to the PFL. I also don't have the documentation provided to me at the Canadian Border and therefore I have filed for a FOIA request to the US government to provide all my prior history at the US border.
Does anyone have any other advice for me regarding this matter and also if anyone has any previous experience dealing with this? I would really appreciate any input from anyone.
Thanks!
Unfortunately I am in a very bad situation and very worried about my outcome which is rejection and ultimately a 5 year ban as per section(40) of the Immigration and Refugee Act.
Although I did have a US visa, when I went to flagpole to the United States for my PGWP, I told the officer that I had no intention of entering the United States and was therefore given a "Administrative Refusal" to return back to the Canadian Border. I received my PGWP at the Canadian border and all's was well.
When I submitted my application for Permanent Residency, in the statuary question "Have you been denied entry to Canada or any other country?" I answered "NO" thinking what happened at the US border wasn't considered a denial of entry but more of a voluntary refusal. Well, that's not how IRCC is looking at it and last week I was given a Procedural Fairness Letter saying that I have been untruthful in my application and has given me a chance to provide explanation to the VO's concerns.
I know responding to the PFL is THE last chance of trying to convince the officer that I had misinterpreted the question and saving myself from a potential ban. Right away, I have hired experienced lawyers who deals with Procedural Fairness Letters and are currently drafting up a response to be sent to the officer. They are actually thinking of asking for an extension given the VO has only given me 7 days to respond to the PFL. I also don't have the documentation provided to me at the Canadian Border and therefore I have filed for a FOIA request to the US government to provide all my prior history at the US border.
Does anyone have any other advice for me regarding this matter and also if anyone has any previous experience dealing with this? I would really appreciate any input from anyone.
Thanks!