Drunken Mistake

[Tanmay Datta]

About 5 Years ago I had gone with an American friend to Niagara From Toronto. I only had a study Permit and visa for Canada. We had got drunk and had by mistake crossed the border where the officer caught us and let us go with out any charges, they understood the situation and had et off with just a warning, However they had taken my finger prints and few details. Can this effect my PR applications. Because I was refused after I had given my Bio metrics. If there is a way I can apologize or fix this issue.

 

[k.h.p.]

Depending on what happened on your drunken adventure, this may not be a serious issue.

If you weren't charged, it's not criminal. However, on the question of "Have you ever committed a crime," illegal border crossing is a crime, and since you were processed, it would possibly show up in a criminality search. You have to declare this and explain it.

Were you officially denied entry to the US and returned to Canada? That's a refusal. You have to declare this as well.

You said you were "refused" after you had given your biometrics. What had you applied for, and why were you refused?

 

[Tanmay Datta]

Depending on what happened on your drunken adventure, this may not be a serious issue.

If you weren't charged, it's not criminal. However, on the question of "Have you ever committed a crime," illegal border crossing is a crime, and since you were processed, it would possibly show up in a criminality search. You have to declare this and explain it.

Were you officially denied entry to the US and returned to Canada? That's a refusal. You have to declare this as well.

You said you were "refused" after you had given your biometrics. What had you applied for, and why were you refused?

Well they did not charge me or have taken any legal action. I had applied for PR visa for Canada under express entry CEC. I ahve 2 years and 5 months of work ex in Toronto, but they have only considered 1 year and 10 months of my total work exp as they are aonly considering last three of work exp. I had worked from 09/2015 to 02/2018 and I had applied on 1/05/2019 for my PR. So they only considered my work experience from 05/2016 to 02/2018. which brought my crs points below the invited points so I am very skeptical. Thank you

 

[k.h.p.]

If they didn't reject you based on criminality or misrepresentation, then your drunken border escapades are not the reason for the rejection. They would have to clearly say that the border incident was the reason for rejection.

If you haven't mentioned the incident in your application, they could even get you with misrepresentation and ban you for five years - which I take it that they didn't do. So you're actually in a much better place than you could be.

 

[Tanmay Datta]

If they didn't reject you based on criminality or misrepresentation, then your drunken border escapades are not the reason for the rejection. They would have to clearly say that the border incident was the reason for rejection.

If you haven't mentioned the incident in your application, they could even get you with misrepresentation and ban you for five years - which I take it that they didn't do. So you're actually in a much better place than you could be.

Do you think I should mention that in my next application. Because I don't have any records of that. I thought that might be reason and they gave me any reasons , does that happen.

 

[k.h.p.]

No. They do not deny your application for misrepresentation and then tell you it was because your CRS score is too low.

 

[Tanmay Datta]

No. They do not deny your application for misrepresentation and then tell you it was because your CRS score is too low.

Thank you