US land Border or appeal

[Biplab Barua]

Hi Expertise

Our PR validity expired and Didn't fulfill RO due to take of my 82 years father. My father passed away on August 27, 2019.

1. What is a chances to win appeal from H & C ground if i hired renowned immigrants lawyer

2. Or, if i use USA land Border

Regds,

Biplab, Dhaka
Bangladesh

 

[Buletruck]

From you previous posts, you and your family have been in and out of Canada in the past couple of years and managed to avoid being reported. How long was your father sick if you attempt H&C? It would have to cover the entire time you missed RO, not just recently. A lawyer can help, but if the grounds aren’t there, it won’t make a difference. Lawyers can’t change the requirement.
Entering via the border, it’s impossible to say if you will be waive through, sent to secondary and allowed entry unreported or reported. To many variables. You would have to take your chances.

 

[Biplab Barua]

From you previous posts, you and your family have been in and out of Canada in the past couple of years and managed to avoid being reported. How long was your father sick if you attempt H&C? It would have to cover the entire time you missed RO, not just recently. A lawyer can help, but if the grounds aren’t there, it won’t make a difference. Lawyers can’t change the requirement.
Entering via the border, it’s impossible to say if you will be waive through, sent to secondary and allowed entry unreported or reported. To many variables. You would have to take your chances.

Tk u sir

Bearing expired PR Card will CBSA allow us to enter Canada by using US land border. If they report us i can file Case whatever is result will come or not.

I think it is better rather than apply PRTD since it may chance to revoke PR status.

Biplab, Bangladesh

 

[Buletruck]

Tk u sir

Bearing expired PR Card will CBSA allow us to enter Canada by using US land border. If they report us i can file Case whatever is result will come or not.

I think it is better rather than apply PRTD since it may chance to revoke PR status.

Biplab, Bangladesh

You can appeal if you are refused a PRTD as well. You are eligible for due process regardless of which route you choose. Being reported for RO is exactly the same process whether it is at the border or with a PRTD refusal.

 

[Biplab Barua]

You can appeal if you are refused a PRTD as well. You are eligible for due process regardless of which route you choose. Being reported for RO is exactly the same process whether it is at the border or with a PRTD refusal.

Tk u sir for your nice response.

I think best alternative is US land Border because if we can enter without Report can renew PR card after two years stay. Even CBSA report us we can get chance for appeal.

On the other hand if i try for PRTD from my home country they will refuse for not to meet RO. I may appeal but chance is poor if i Can't produce valid reason or not acceptable by them

Tk u
Biplab

 

[Buletruck]

Chances of a successful appeal are the same in either situation. Keep in mind if you are reported at the border, any days you spend in Canada do not count towards residency obligation until you have a successful appeal. It could be substantially longer than 2 years before you could renew and travel outside of Canada during that time is not recommended.