18 months in Canada as a visitor (split)

[jrs 2]

I’m a USC who has been staying in Canada since March 2020 while we’ve been waiting for the IR1 process to play out.  Prior to that, I’d go back and forth from the us to Canada every week or two over and over for 4 years (probably 200 crossings).

 

I applied for a visitor record and was granted one extension.  I applied again at the 1 year mark and am waiting for that to be processed, which should be in Sept.  

 

I need to go back to the US for a week or two in September.  Will I have problems getting back into Canada?  If this were a Canadian trying to get into the US after staying as a visitor for 18 months, I feel like there is a good chance they would be turned away.  My wife and two kids are in Canada so I don’t want to leave if there’s a chance I’ll get locked out of the country. 
 

thinking about hiring an immigration lawyer to advise on this (recommendations welcome) but figured I’d ask here first in case anyone knows.

 

my DQ date is in late April so I still have some time before this is over.

[Kai G. Llewellyn 838]

3 hours ago, jrs said:

I’m a USC who has been staying in Canada since March 2020 while we’ve been waiting for the IR1 process to play out.  Prior to that, I’d go back and forth from the us to Canada every week or two over and over for 4 years (probably 200 crossings).

 

I applied for a visitor record and was granted one extension.  I applied again at the 1 year mark and am waiting for that to be processed, which should be in Sept.  

 

I need to go back to the US for a week or two in September.  Will I have problems getting back into Canada?  If this were a Canadian trying to get into the US after staying as a visitor for 18 months, I feel like there is a good chance they would be turned away.  My wife and two kids are in Canada so I don’t want to leave if there’s a chance I’ll get locked out of the country. 
 

thinking about hiring an immigration lawyer to advise on this (recommendations welcome) but figured I’d ask here first in case anyone knows.

 

my DQ date is in late April so I still have some time before this is over.

Visitor Records aren't valid for re-entry (they say so on them) and they 'die' when you depart Canada. That being said you're not on a VR at this moment, you are on implied status. Your extension application is effectively abandoned by you departing Canada and your re-entry would be subject to the discretion of the CBSA. I wouldn't expect a great outcome there. I would strongly advise you not to depart Canada and maybe seek legal counsel, I imagine they will likely advise you of the same.

 

The best way I can see this panning out is that the CBSA will re-admit you but will give you a 30 day visitor record instead of the usual 6 months entry, of course you are free to apply immediately to IRCC for a longer one and sit on implied status during processing thereof. The CBSA are very much not okay wiht people trying to bypass IRCC visitor records by flagpoling in the US to get a new 6 months quickly.

 

Generally, A better outcome can be secured by showing *very* strong ties to the US which will be hard given your absence...so yeah, I can't say leaving Canada is a good idea for you if you want to get back anytime soon.

 

Any chance your spouse can fly to the US to carry out any business you need to take care of in the US?

Edited July 27, 2021 by Kai (CanadaDude)

[Flowergirl 737 45]

9 hours ago, jrs said:

I’m a USC who has been staying in Canada since March 2020 while we’ve been waiting for the IR1 process to play out.  Prior to that, I’d go back and forth from the us to Canada every week or two over and over for 4 years (probably 200 crossings).

 

I applied for a visitor record and was granted one extension.  I applied again at the 1 year mark and am waiting for that to be processed, which should be in Sept.  

 

I need to go back to the US for a week or two in September.  Will I have problems getting back into Canada?  If this were a Canadian trying to get into the US after staying as a visitor for 18 months, I feel like there is a good chance they would be turned away.  My wife and two kids are in Canada so I don’t want to leave if there’s a chance I’ll get locked out of the country. 
 

thinking about hiring an immigration lawyer to advise on this (recommendations welcome) but figured I’d ask here first in case anyone knows.

 

my DQ date is in late April so I still have some time before this is over.

The Canadian border definitely operates somewhat different than the USA so keep that in mind. I feel the Canadian border is more lenient towards keeping the family together, but even so, to  be safe I would wait till you get the last request approved. So if you do go, there might be a 50% chances that they might not let you in. Sometimes you just have to go with your gut feeling because you will be at the discretion of the border officer.