Procedural Fairness Letter - Entry denial at US border

[upon]

You have to understand two things:

1. Flagpoling is no legal word. It simple means going to the border and turning back without entering the US. When you went to the US border but turned around, you simply withdrew your application to enter, and thus there was no refusal. This is called administrative refusal, where the person withdraws their application to enter. An administrative refusal is you withdrawing your application to enter the US. It is not a visa denial and neither is it a refusal. Also, you were not fingerprinted, nor were you subject to admission examination.

A US visa refusal, even if it happens, has no impact on your Canadian PR, unless you committed a crime, an immigration fraud etc. Since you did not enter the US, you do not have to enter it in your travel history.

As regards disclosure, when you never filed an application to enter, and no determination was done, it is not a refusal. Eg. IF you file your application for Canadian PR, but then withdraw it, it is not refusal

However, if you fly to the US and are asked to turn back in the next flight, when you tray and cross land border, are stopped and asked to turn around, all these will count as refusals. Most applicants who flgpolling don't even have a US visa. They merely got to the border and turn around. Usually you can turn around before you reach the US border, but if in case you reach the border and inform the officer that you wish to turn around, it is merely withdrawing your application to enter.

2. All your visa refusals should be declared in your application, not doing so can lead to misrepresentation. As per law you have an obligation to be truthful. Section 16(1) of the IRPA states:

• 16 (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

See Tuiran v. Canada (Citizenship and Immigration), 2018 FC 324 (CanLII), <http://canlii.ca/t/hr59k
Alalami v. Canada (Citizenship and Immigration), 2018 FC 328 (CanLII), <http://canlii.ca/t/hr6r1>

Thank you so much for detailed explanation!
You said we don’t need to write a flagpoling under travel history. However, what do you think about writing a flagpoling for citizenship application? I guess we supposed to because we left Canada, but we never entered US. This is so confusing.

 

[legalfalcon]

Thank you so much for detailed explanation!
You said we don’t need to write a flagpoling under travel history. However, what do you think about writing a flagpoling for citizenship application? I guess we supposed to because we left Canada, but we never entered US. This is so confusing.

You don't sine you never left Canada in theory and practice. It does sound confusing, but keep it simple.

 

[bigdan]

You have to understand two things:

1. Flagpoling is no legal word. It simple means going to the border and turning back without entering the US. When you went to the US border but turned around, you simply withdrew your application to enter, and thus there was no refusal. This is called administrative refusal, where the person withdraws their application to enter. An administrative refusal is you withdrawing your application to enter the US. It is not a visa denial and neither is it a refusal. Also, you were not fingerprinted, nor were you subject to admission examination.

A US visa refusal, even if it happens, has no impact on your Canadian PR, unless you committed a crime, an immigration fraud etc. Since you did not enter the US, you do not have to enter it in your travel history.

As regards disclosure, when you never filed an application to enter, and no determination was done, it is not a refusal. Eg. IF you file your application for Canadian PR, but then withdraw it, it is not refusal

However, if you fly to the US and are asked to turn back in the next flight, when you tray and cross land border, are stopped and asked to turn around, all these will count as refusals. Most applicants who flgpolling don't even have a US visa. They merely got to the border and turn around. Usually you can turn around before you reach the US border, but if in case you reach the border and inform the officer that you wish to turn around, it is merely withdrawing your application to enter.

2. All your visa refusals should be declared in your application, not doing so can lead to misrepresentation. As per law you have an obligation to be truthful. Section 16(1) of the IRPA states:

• 16 (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

See Tuiran v. Canada (Citizenship and Immigration), 2018 FC 324 (CanLII), <http://canlii.ca/t/hr59k
Alalami v. Canada (Citizenship and Immigration), 2018 FC 328 (CanLII), <http://canlii.ca/t/hr6r1>

Thank you so much for a detailed explanation! This is huge help.

 

[upon]

You don't sine you never left Canada in theory and practice. It does sound confusing, but keep it simple.

So we don’t need to mention a flagpoling at all for citizenship application? Thank you so much sir!

 

[Cindy22]

@ma5590 Have you received PR?

 

[ma5590]

@ma5590 Have you received PR?

Still waiting on a decision

 

[umche329]

Still waiting on a decision

Have you ordered/received your GCMS notes? I am wondering what shows under infor sharing section, specifically regarding three entries: 1) Biometric -FCC, USA; 2)Biometric -FCC detail, USA; 3) Biographic, USA. Does it show any details of "MATCHED RECORDS: 1" for the incident of your flagpoling event?

 

[Alaa Afifah]

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!

Hi
Have you got decision yet please update us i also forget to mention my flagpole

Thank you!

 

[ma5590]

Just to give everyone a quick update, I got my pr approved.

 

[Salar_alboos]

Just to give everyone a quick update, I got my pr approved.

Hello, first of all, Congrats

I have the exact same situation and I got the same PFL, And I explained again everything, even at the beginning, I mentioned that I did flagpoling on that date, Can you plz tell me how long it took for you to receive your PR after your explanation letter to PFL and what kind of documention you provided, I am super stressful these days.
Thank you

 

[ma5590]

Hello, first of all, Congrats

I have the exact same situation and I got the same PFL, And I explained again everything, even at the beginning, I mentioned that I did flagpoling on that date, Can you plz tell me how long it took for you to receive your PR after your explanation letter to PFL and what kind of documention you provided, I am super stressful these days.
Thank you

I hired lawyers that wrote a very strong (50-page) explanation with multiple reasonings, explanation, screenshots from my application and most importantly held up many federal court cases that helped portray the situation and benefitted in my favor. After submission of that letter, it took about 10 months to get my CoPR.

 

[Maherd]

I hired lawyers that wrote a very strong (50-page) explanation with multiple reasonings, explanation, screenshots from my application and most importantly held up many federal court cases that helped portray the situation and benefitted in my favor. After submission of that letter, it took about 10 months to get my CoPR.

Hi @ma5590 , is it possible for you to share details of the immigration lawyers used. My sister is in a similar situation and we want to get legal aid

 

[ma5590]

Hi @ma5590 , is it possible for you to share details of the immigration lawyers used. My sister is in a similar situation and we want to get legal aid

I had used Matkowsky Immigration Law in my situation.

 

[Maniii88]

Hi @ma5590 , is it possible for you to share details of the immigration lawyers used. My sister is in a similar situation and we want to get legal aid

 

[hardik0003.hs]

Hi @legalfalcon, I have a question in regards to the situation that @ma5590 found themselves in. My AOR is Oct 21 and as of right now, my eligibility and criminality are passed. Security has not been started yet. I too did flagpole to get my PGWP and didn't disclose it as a refusal. I am worried I might receive a PFL request similar to @ma5590 when my security is being reviewed. Should I tell IRCC about the administrative refusal now? Or am I likely in the clear?

I have similar situation. Did you get any correspondence from ircc regarding flagpoling?