The Importance of Having a US Visa When You Have PR in Canada

For permanent residents of Canada, having a US visa can be incredibly beneficial. Whether you’re travelling, returning to Canada through the US, or simply exploring new opportunities, a US visa can make your life much easier. It’s not just a convenience but also a practical necessity for many.

One important scenario where a US visa can be a lifesaver is when your PR card has expired. If you find yourself in the United States with an expired PR card, returning to Canada can become a complex issue. However, having a US visa can simplify the process and provide more options for re-entering Canada.

Entry through the USA Land Border with an Expired PR Card

If you are a permanent resident of Canada with an expired PR card, entering Canada through the USA land border can be less complicated than it might seem. There is no legal requirement to have a valid PR card to enter Canada through the land border in a private vehicle. Therefore, you can re-enter Canada without a valid PR card, provided you meet certain conditions.

When you drive up to the land border from the USA, border officials will check your documents. Even though your PR card is expired, you should carry a valid passport from your country of origin. The passport is essential as it proves your identity and citizenship. You should also be prepared to explain your situation clearly to officials – they will definitely ask why you don’t have a valid PR card.

However, it’s important to be aware of the potential risks. While you have the legal right to enter Canada as a permanent resident, the Canada Border Services Agency (CBSA) has the authority to issue a removal order on the spot if a PR does not meet the residency obligation at the time of their entry. Although this is generally rare and can be appealed, understanding these risks beforehand can help you prepare adequately for your border crossing. You need to answer their questions in the correct way both to minimize the risk of legal problems, and to avoid misrepresentation.

Entry to Canada without a Valid PR Card from the USA Must be in a Private Vehicle

If you are entering Canada using any commercial vehicle – this would be any vehicle that you pay a fare for a seat – you must have a valid PR card or PR Travel Document to enter Canada.

This includes

• Bus lines such as Greyhound, Flixbus, or Megabus
• Trains such as AmTrak or ViaRail
• Airlines such as Air Canada, United, American Airlines, Air France, Lufhansa, or any other airline

The exemption to the legal requirement to enter Canada without a valid PR card or PRTD only applies to a private vehicle, such as a rental car you drive yourself across in, a relative driving you across in their car, or a private plane.

How to Get a US Visa as a Canadian Permanent Resident

Once you become a Canadian permanent resident, it is advisable to apply for the US visa sooner rather than later. This is because processing times for US visa appointments are currently 1 – 2 years long. If you don’t already have a US visa by the time you need it to return to Canada, it may be impossible to obtain.

Further, you need to show ties to Canada in order for the US to approve your visa application. If your PR card in Canada has already expired, your US visa application is more likely to be refused.

Contact us if you need to get your US visa.

Valid PR Card Not Required at USA Land Border Entry

Interestingly, Canadian law does not specifically require a valid PR card to enter through the USA land border. Unlike commercial air travel, where a valid PR card or a Permanent Resident Travel Document (PRTD) is a must, land crossings offer more flexibility. This is particularly beneficial for Canadian permanent residents who find themselves with an expired PR card while in the USA.

Upon your return, the CBSA officials will mainly need to confirm your status as a permanent resident. Your expired PR card, along with a valid passport, usually suffices for this purpose. While an expired card is generally accepted at land crossings, having additional documents like a Canadian driver’s licence or a record of landing could be helpful.

It’s crucial to note that while CBSA officers have discretion, they can still ask questions to verify your residency status. They might ask about your travel history, employment in Canada, and other ties to the country. Be forthright and provide all necessary information to facilitate your re-entry. There are significant legal risks to answering the questions asked by CBSA incorrectly.

Risks and Legal Issues When Entering Canada with an Expired PR Card

Entering Canada with an expired PR card comes with certain risks and legal challenges. While you have the right to enter Canada as a permanent resident, CBSA officers have the authority to issue a removal order if there are concerns about your status or if you cannot prove your residency obligations. This can be stressful and may require immediate legal attention.

One significant risk is being questioned about your travel history, work, and residence. If you have been out of the country for long periods, it could raise red flags. Border officials might question whether you’ve met the residency requirement of staying in Canada for at least 730 days in the last five years. Failing to show sufficient ties to Canada can lead to complications.

It’s also vital to consider the legal implications. A removal order or report under IRPA section 44 can be issued if there are any discrepancies or if officials believe you have not upheld your residency obligations. This can be appealed, but it involves legal proceedings and may affect your future travel plans. Therefore, it’s crucial to have all necessary documents ready and to be honest when interacting with border officials.

Always be Truthful when Entering Canada

Anyone who lies or omits information to Canada Border Services Agency has broken multiple federal laws in Canada. From an immigration standpoint, they have violated section 40 of the Immigration and Refugee Protection Act and committed misrepresentation.

Misrepresentation has substantial risks, and can easily lead to the loss of status in Canada, as well as a years-long bar against entering Canada again.

Right to Appeal and Legal Recourse

If you face a removal order issued at the border, or at an Immigration and Refugee Board hearing, know that you have the right to appeal. This legal recourse allows you to challenge the decision made by CBSA officials. The appeal must be filed within a certain period, often 15 days, so it’s essential to act quickly. During the appeal process, you can present evidence that supports your permanent resident status and your compliance with residency obligations.

Collecting comprehensive evidence is crucial. This includes bank statements, employment records, leases, or any other documents showing your ties to Canada. An appeal can halt the removal process temporarily, giving you a chance to argue your case. Understanding this right can lessen the stress associated with an expired PR card and entry issues.

Seeking legal advice is extremely important if you find yourself in this situation. An experienced immigration consultant or lawyer can guide you through the process, helping you understand your rights and the best way to present your case. Knowing your legal options ensures you can effectively respond to any challenges at the border. Individuals who represent themselves at appeal hearings are rarely successful.

Conclusion

Having a US visa as a Canadian permanent resident holds significant importance, especially when dealing with an expired PR card. While you can re-enter Canada through the USA land border without a valid PR card, it’s crucial to be aware of the associated risks and legal implications. Knowing that a valid PR card isn’t required at land entries offers some comfort, but being prepared with all necessary documentation and understanding your rights can make the process smoother.

Facing potential risks such as questioning by CBSA officials and the possibility of a removal order underscores the importance of having your paperwork in order. Knowing your right to appeal and the steps involved can provide an additional layer of security, ensuring that you can address any issues promptly and effectively.

At Doherty Fultz Immigration, we understand the complexities and challenges of immigration regulations. If you have questions or need assistance navigating these rules, contact us today. Our team of Canada immigration consultants in Toronto, Ontario, is here to assist you with your immigration needs.