Advice needed

[Alex1984]

Hello. I need advice please. My mother has been in the states for the last 18 years when her and my dad split, and wishes to come back to canada. She has no status over there(states) but only has her Filipino passport and proof of landing(Canada issues in 1977). What can we do and is it safe to cross the border by car? Thanks so much.

 

[bellaluna]

Yikes. Get a lawyer.

Border crossings can be advised if the proof of landing was fairly recent, but your mom's case certainly will raise some suspicions. Being out of status in the US can complicate matters.

 

[Rob_TO]

Hello. I need advice please. My mother has been in the states for the last 18 years when her and my dad split, and wishes to come back to canada. She has no status over there(states) but only has her Filipino passport and proof of landing(Canada issues in 1977). What can we do and is it safe to cross the border by car? Thanks so much.

Was her ex-husband by chance a Canadian citizen?

 

[Alex1984]

Was her ex-husband by chance a Canadian citizen?

Yes it’s my dad. 100% Canadian, and we would bring her back in.

 

[Alex1984]

Yikes. Get a lawyer.

Border crossings can be advised if the proof of landing was fairly recent, but your mom's case certainly will raise some suspicions. Being out of status in the US can complicate matters.

She still lived in Montreal for almost 25 years, worked paid taxes and all.

 

[Rob_TO]

Yes it’s my dad. 100% Canadian, and we would bring her back in.

So did she split with your dad 18 years ago, or just recently?

If split was recent (within past 3 years), then by living with Canadian citizen spouse she would be in compliance with RO and should be able to return to Canada with no issues.

If split was 18 years ago, then by living in US 18 years she is (by far) in violation of the RO so upon returning to Canada would have a good chance to be reported by CBSA and process started to revoke her PR status.

She still lived in Montreal for almost 25 years, worked paid taxes and all.

This would be pretty irrelevant if she's been outside Canada the past 18 years. She should have applied for citizenship back then.

Also I'm not familiar with immigration rules that far back, but I assume "proof of landing" in 1977 was her getting PR status, and back then status was not terminated at some point due to her living so long outside CAnada.

 

[Buletruck]

Yikes. Get a lawyer

Agreed. Before you make any effort to bring her back, consult a lawyer. If she was living with a Canadian citizen, her pr status could be ok,depending on when they seperated and it may be better for her to apply for a PRTD. But I’d definitely consult with a lawyer first.

 

[Alex1984]

Agreed. Before you make any effort to bring her back, consult a lawyer. If she was living with a Canadian citizen, her pr status could be ok,depending on when they seperated and it may be better for her to apply for a PRTD. But I’d definitely consult with a lawyer first.

Thanks. I will find a lawyer in that case!

 

[Alex1984]

Agreed. Before you make any effort to bring her back, consult a lawyer. If she was living with a Canadian citizen, her pr status could be ok,depending on when they seperated and it may be better for her to apply for a PRTD. But I’d definitely consult with a lawyer first.

Can they turn her around at the border or let her in with restrictions?

 

[jordo]

She would be let back into Canada; it is the right of every PR, but CBSA would most likely report her to CIC if she has not kept up her residency obligation (RO). CIC would then start the process to revoke her PR status.

However as stated above, if she only recently separated from her husband, then the fact that she was cohabitating with her Canadian citizen spouse would mean that those days cohabitating count toward the RO. Going back 5 years, she would have had to have spent 730 days (2 years) with her husband.

 

[Rob_TO]

Can they turn her around at the border or let her in with restrictions?

You need to answer the question about when exactly she split up with her spouse.