UPDATE: PR Application Process - Moving Forward?

[youngseattlelad]

Original Post Here: https://www.canadavisa.com/canada-immigration-discussion-board/threads/i-got-denied-entry-at-land-border-what-do-i-do-now.567367/

To recap readers digest version: I had been in Canada too long, 80%-90% of the time according to the CBSA officer when I presented myself for inspection. Made false statements on multiple accounts to CBSA Officers. I was given the option to withdraw my application and I did.

By some absolute miracle I received a letter from CBSA Nexus Office stating that even though I had been in violation of the immigration act, my nexus would not be revoked. If I was found to be in violation again, I would lose nexus and the ability to apply for up to 10 years.

We waited to make an application to try and see what services a lawyer could potentially offer us, we reached out to a trusted lawyer that a family friend vouched for. At the very least it would double the cost of applying at the lowest level of simply helping prepare the the paperwork, 3x to prepare and oversee the application to it's completion and 4x for all of the above and preparing for an interview as well.

I have not tried to re-enter Canada since I was denied. I definitely plan to keep it that way, the free consult we had with the lawyer gave us some insight on how we should proceed for me going forward at the very least not entering until I have an application in and when I do to have all necessary employment, living arrangement documentation. From what the lawyer told me, once I make an application, I can slowly start making small visitor trips to Canada with my documentation. Not sure if they would issue me a visitor record if I also had nexus status. But whatever works I suppose.

Personally I don't think It's really worth it to get a lawyer if we quadruple check everything in the application and make sure we do it right.

I was curious what the community thought.

Thanks in advance!

 

[scylla]

The vast majority of people here have applied without lawyers.

In terms of re-entering Canada, it's honestly very hard to say. What happens at the border is entirely up to the CBSA officer you encounter. You have a history of infractions (I think it's a miracle they let you keep your Nexus card) - and that means you're likely flagged and should expect you'll end up in secondary for future visits.

Not sure when you were refused entry. I would personally wait at least three months before attempting your first very short trip.

Whatever you do - you don't want to end up with an exclusion order.

 

[youngseattlelad]

The vast majority of people here have applied without lawyers.

In terms of re-entering Canada, it's honestly very hard to say. What happens at the border is entirely up to the CBSA officer you encounter. You have a history of infractions (I think it's a miracle they let you keep your Nexus card) - and that means you're likely flagged and should expect you'll end up in secondary for future visits.

Not sure when you were refused entry. I would personally wait at least three months before attempting your first very short trip.

Whatever you do - you don't want to end up with an exclusion order.

My guess was that with my demeanor at the time I was refused would have led them to believe that I would be abiding by the law, if it wasn't for the fact that I was misunderstood on the gravity of crossing everyday without documentation, among other things.

Which ultimately could have ended but having my nexus card taken, which would have had me screwed up until 2028.

Believe me that I'm completely grateful for coming out of that denial unscathed for the most part and will not take it for granted.

As far as the lawyer, I think I'm going to skip it all together, but put some money aside in the event my case brings more complexity to the process and actually does need to be argued in court at which point I'd hire a lawyer under those circumstances.

 

[scylla]

My guess was that with my demeanor at the time I was refused would have led them to believe that I would be abiding by the law, if it wasn't for the fact that I was misunderstood on the gravity of crossing everyday without documentation, among other things.

I'm not sure what you mean by this. In addition to crossing daily, you said in your previous post that you also misrepresented the fact you had a wife in Canada and also misrepresented information about the vehicle you were bringing into Canada. I don't think the gravity of crossing daily was the only thing you misunderstood...

Someone went very easy on you for some reason. The next CBSA officer might not be so kind. Your call obviously - but I would stay away from the border for a good long time.

 

[youngseattlelad]

I'm not sure what you mean by this. In addition to crossing daily, you said in your previous post that you also misrepresented the fact you had a wife in Canada and also misrepresented information about the vehicle you were bringing into Canada. I don't think the gravity of crossing daily was the only thing you misunderstood...

Someone went very easy on you for some reason. The next CBSA officer might not be so kind. Your call obviously - but I would stay away from the border for a good long time.

My reasoning behind that is because of the way I was presenting myself and even though I was in the wrong completely, maybe he saw something in me that made him believe that I am trying to do the right thing but going the complete wrong way about doing it and didn't want me to end up getting screwed up for such a stupid mistake to happen when I'm a younger guy,

And in response, I meant to put it in the earlier reply, but I am going to wait at least 3 months until I try to come back. I'll probably end up going overkill on the documentation, for example: tickets to an event that weekend, letters establishing employment and residence in addition to other letters stating that I would be back at work on X day signed by my employer. and get a visitor record if need be. I can't think of any other kind of documentation I would need or could supply. I suppose I'll have time to work on that.

Among birthdays and holidays, I only plan on visiting 4-5 times in the 6-12 months I am waiting for my application to clear.

I'm definitely going into this scenario thinking I am going to get the strictest CBSA Officer who is also having a bad day and be as respectful and compliant as possible to them.

That being said every single CBSA Officer I have encountered has been extremely professional, down to earth and fair human beings.