US citizen child got COPR

[PND]

Hi All,

I need your expertise in my case. Me and my wife are Canadian PRs moved to Toronto from US last year. My daughter is US born and also came with us last year. I have applied for her PR this year and got the COPR last week. As we already live in Canada, what should I do in order to have the process the PR card for my daughter? Do i need to re-enter canada through any US border or can I go to Toronto Airport to get the COPR papers signed by the immigration officer? Have anyone of you gone through this. Thanks for all your inputs.

Regards,
PND

 

[Avadava]

Since you are already in Canada, in order for her to land as a PR, you must do something called flagpolling. It is done only at a land border (not airport). Drive to the nearest land border, exit Canada and before entering US, ask for an administrative refusal. Tell them you intend to enter back to Canada to do the landing procedure for a new immigrant.

 

[scylla]

Just to add... You can't land at an airport unless you're actually arriving in Canada on an international flight.

 

[PND]

Thanks all, do I still need to ask for admin refusal as me and my wife has a work visa for US and my daughter is a US citizen? Can I mention that our intent is just to come back to Canada for PR? Will the admin refusal cause any effect to our work visa for future entries in US?

 

[Avadava]

The administrative refusal will not have any effect on your visas. You are not obligated to ask for an admin refusal, but that might complicate things. You would actually have to enter US, spend some time there, then exit US and enter Canada. Doing this in a short time frame might cause you to raise suspicion and to be pulled over for a secondary.

If you want to do it with any easy, without complications, as for an admin refusal. It will not affect you in a negative way, especially if you tell the US border officers that you want to flagpole back to Canada to do the new immigrant landing procedure. But it's entirely up to you if you want to enter US.

Check out this thread about flagpolling and admin refusal:
http://www.canadavisa.com/canada-immigration-discussion-board/myths-about-flag-polling-and-admin-refusal-from-usa-t227880.0.html

Another member says:

"You can go there without any visa or anything. The U.S. agents deal with this all the time and will just give you a piece of paper that you give to the Canadians when you turn back and they will process everything, that proves you left Canada and were in the U.S.A.

They will not stamp the passport. They will enter it into their system as an "administrative refusal," which will have no effect on future entries or applications for visas or other U.S. immigration benefits.

Bring the passport with the visa, the COPR, and just in case, her birth certificate. They normally don't ask for it, but I have heard it happen.

If she has her documents in order and nothing material has changed (change of civil status, birth of child, crime, etc.) she will definitely get her PR, i.e. she won't be refused entry to Canada.

It makes no difference whatsoever which way she chooses to exit or enter Canada. There will be no misunderstanding either way and she'll get her PR either way."



Bottom line, make sure you tell them you are flagpolling, they know what to do.

 

[PND]

Thanks Avadava for your quick response. Last question for the day. In order to complete the PR process, we do need to re-enter exit canada and re-enter. There is no option for having this done inside Canada like thru Service Canada or CBSA offices. Thanks in advance for your reply.

 

[Avadava]

Thanks Avadava for your quick response. Last question for the day. In order to complete the PR process, we do need to re-enter exit canada and re-enter. There is no option for having this done inside Canada like thru Service Canada or CBSA offices. Thanks in advance for your reply.

As far as I know, a landing interview inside Canada is only available for applications that are processed inland. Since children applications are always processed abroad (outland), there is no option to land "in Canada at an office".

With outland applications, it's assumed that the immigrant is coming from abroad, hence the exiting and re-entering.

I don't have any experience with this, so maybe there is someone with an outland application that managed to do the landing interview at the CBSA office, but I couldn't tell you exactly what you need to do.

 

[Rob_TO]

As far as I know, a landing interview inside Canada is only available for applications that are processed inland. Since children applications are always processed abroad (outland), there is no option to land "in Canada at an office".

With outland applications, it's assumed that the immigrant is coming from abroad, hence the exiting and re-entering.

I don't have any experience with this, so maybe there is someone with an outland application that managed to do the landing interview at the CBSA office, but I couldn't tell you exactly what you need to do.

Outland applicants can also schedule an appointment to land at a CIC office closest to their home. However in some cities the wait time for this appointment can be very long (couple months).

 

[PND]

Thanks All. You guys are the best.. Happy Canada Day

 

[truesmile]

The administrative refusal will not have any effect on your visas. You are not obligated to ask for an admin refusal, but that might complicate things. You would actually have to enter US, spend some time there, then exit US and enter Canada. Doing this in a short time frame might cause you to raise suspicion and to be pulled over for a secondary.

I disagree. It won't complicate things, and I wouldn't bother asking for an administrative refusal. I've personally entered the U.S. for all of about 20 minutes and raised no suspicion. You would be there for such little time there would be nothing for them to suspect you of.

 

[Rob_TO]

I disagree. It won't complicate things, and I wouldn't bother asking for an administrative refusal. I've personally entered the U.S. for all of about 20 minutes and raised no suspicion. You would be there for such little time there would be nothing for them to suspect you of.

Ya I don't quite understand either, who exactly would be suspecting anything? The US officers would just see someone with a US visa entering the US. They don't know how short or long you'd be staying. And when going back to the Canada side, they would simply see someone flagpoling and coming to land as PR. How long you were in the US would be completely irrelevant to them.

I really don't see at what point anyone would be suspicious or what negative thing could possibly happen.

 

[Avadava]

I was simply implying that telling the US border agent that you are intending to flagpole would simplify things. They would issue you with a paper saying you indeed exited Canada, and write you in the computer as an administrative refusal, which in no way will affect your future US visas/applications.

If you're there to flagpole and land as an immigrant, why would you want to complicate things and not tell them you are there to flagpole? Unless you want to visit US too, I don't see other reason to enter.

 

[truesmile]

Sure tell'em you're there to "flagpole" (if they ask). No need to insist on an administrative refusal though.

 

[Rob_TO]

I was simply implying that telling the Us border agent that you are intending to flagpole would simplify things. They would issue you with a paper saying you indeed exited Canada, and write you in the computer as an administrative refusal, which in no way will affect your future US visas/applications.

If you're there to flagpole and land as an immigrant, why would you want to complicate things and not tell them you are there to flagpole? Unless you want to visit US too, I don't see other reason to enter.

You were mentioning for the person to ask for an administrative refusal. This is what I didn't understand. Sure you can tell the US officer that you are just flagpoling, but if you have a valid US visa then I don't think you need to get the refusal. They would just let you into the US and you could turn right around to go back to Canada side.

 

[Avadava]

To substantiate that.... even with a valid US VISA, I was given an "administrative refusal" at the border when I mentioned that I am here so that I could do "landing" at Canadian border. This thing "administrative refusal" shouldn't be of any worry.

Good luck folks.

-B

I heard most of the people are worried about the admin refusal from USA. I personally asked this question from US officer if this will have any impact on my future visa application for USA and do I need to mention this in visa application form. She said, this is not going to come in your record so no impact on your future visa and you don't have to mention this in your application form. So guys, chill and finish your landing without any tension in case you do not have an US visa.

Those are quotes from the link I posted. This has been asked many times before. You say you are there to land in Canada, US gives you a paper and they write you down on their computer as "administrative refusal". So even if you ask for it or not, you will still get one. Unless you actually enter US to "visit" and then return to Canada and you never mention flagpoling.