Received PR After H&C Application Approved...... wanting to go to the States

[ALESAN]

Not me, my friend. He arrived in the States as a tourist a few years ago, crossed the border and claimed refugee status at the Canadian/US border (Niagara Falls). He withdrew refugee claim and filed under H&C consideration. He finally received his permanent resident status. What does he need to do now to go to the States to visit? He left the US and never went back, so in their eyes he didnt leave when told he had to, instead he came to Canada.

Thanks!

 

[Ayinka]

Not me, my friend. He arrived in the States as a tourist a few years ago, crossed the border and claimed refugee status at the Canadian/US border (Niagara Falls). He withdrew refugee claim and filed under H&C consideration. He finally received his permanent resident status. What does he need to do now to go to the States to visit? He left the US and never went back, so in their eyes he didnt leave when told he had to, instead he came to Canada.

Thanks!

Get a US Visa like everybody else. He may have to explain himself at immigration post coming in but with residency status in Canada and a US visa he should be able to come and go however he'd like.

 

[ALESAN]

Thank you for your quick response. We heard he had to ask for a "pardon" of some sort? For not leaving when he had to, instead deflecting (I guess you can call it that) to Canada?

 

[Ayinka]

Thank you for your quick response. We heard he had to ask for a "pardon" of some sort? For not leaving when he had to, instead deflecting (I guess you can call it that) to Canada?

I've never heard of that but you may need to do more research. I have plenty of friends who claimed refugee status at Canadian border coming from US (originally as got there as students or tourists) and who have been able to come and go between the US and Canada.

 

[scylla]

Thank you for your quick response. We heard he had to ask for a "pardon" of some sort? For not leaving when he had to, instead deflecting (I guess you can call it that) to Canada?

Did he stay in the US longer than his tourist visa allowed? If so, by how many days did he overstay his tourist visa? Knowing this information is critical to giving you a full answer.

 

[ALESAN]

No, he didn't overstay at all. On the contrary, he arrived in the States and within a week he was crossing the border and claiming refugee status (which he later retracted). So in essence, he used the US to get into Canada. Back then his country issued tourist visa's to the States without a problem but not to Canada and his aim was to be in Canada.

 

[Ayinka]

No, he didn't overstay at all. On the contrary, he arrived in the States and within a week he was crossing the border and claiming refugee status (which he later retracted). So in essence, he used the US to get into Canada. Back then his country issued tourist visa's to the States without a problem but not to Canada and his aim was to be in Canada.

He definitely should not have any problems.

 

[ALESAN]

Thank you!! This Forum ROCKS! I am a bit of an expert now, having helped him and his wife get their status after years of pain and suffering!

I have never filled out so many forms in my life (for them) and followed the H&C process from start to finish.

This was the last piece of the puzzle since now the families (mine and his) plan on crossing the border this summer, God willing!

 

[scylla]

Agreed - if he didn't overstay then no pardon is needed.

However if his passport is from a country that requires a visa to visit the US - then he still needs a visa to visit (even if he is now a Canadian PR).