Avoid "RQ" while submitting the Citizenship Appl.? |
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sivan
Junior Member Joined: 28 Feb 2011 Location: Vancouver Status: Offline Points: 146 |
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Posted: 28 Feb 2011 at 2:56pm |
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Hi,
Brief snapshot of my Permanent residence in Canada before jumping on to my query:- Date landed as PR: Aug 24, 2007; Date entered Canada to live(reside) permanently: Dec 31, 2007; Completed 1095 days: as of Feb 18, 2011. -----------------------------------------
Per reading from threads on RQ, gather that any discrepancy between Passport and out-of-Canada details filled in the online residency calculator, might trigger "RQ". Considering my details above, a. Is there anything I can do while submitting the Citizenship application (adding additional documents?) [or] while appearing for the test with the relevant documents to avoid RQ? b. Does CIC entertain viewing non-passport documents as proof of stay in Canada while appearing for Citizenship test? (For eg.. CBSA document - detailed below) PS: i) Have applied for Traveler History under Privacy act with CBSA to get my entry dates/details to Canada. Hope this will at least address entry portion of the trip, though it looks like it can take close to a month or so to get this. Sent this request via FAX and waiting for the response by Canada post. Details pertaining to requesting info. under "Privacy Act" is available @ http://www.cbsa-asfc.gc.ca/agency-agence/reports-rapports/pia-efvp/atip-aiprp/req-dem-priv-eng.html ii)Looking at US CBP, it may not possible to get entry to US details for border crossing via Road. So, not sure if I will be able to prove exit dates for 2 of my road trips to US. Are there any other options to look at? [BTW, thinking of applying for US entry/exit details under FOIA as mentioned in CBP website; Curious to see if it would help]. Please suggest if there are other options that might help in avoiding RQ (or) worst case, being prepared for RQ. Thanks very much. |
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kevin_405
Junior Member Joined: 13 Jan 2010 Status: Offline Points: 94 |
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There is nothing u can do to avoid RQ. RQ is on the discretion of the agent reviewing ur file. I suggest u make sure u have more 3 years of stay including ur trips abroad before u apply. Probably Safer to have 3 years 1 month instead of the exact 3 years requirement. Providing too much info can also result in RQ so i suggest u provide proof as much as request in the application. During my application i got a call from agent after my test because the judge had some doubts, it did not result in RQ but the agent was saying a short writeup of my time post the PR application would have helped The note should describe the entry and exits and the jobs held during that time and probably proof for the same.. |
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Sent:30-Jul-09||E-cas "Recvd":27-Jan-10 || ACK:27-Jan-10 || In Process:21-Apr-10||Transferred:24-Aug-2010||Test:9-Dec-2010||Oath:22 Feb -- Mississauga
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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I agree that nothing can guarantee avoiding RQ for any citizenship applicant. The odds of RQ, though, are probably quite low. Some things will increase the risk of RQ. Some of these things an applicant does have control over. Big example, you are on the right track regarding: do what you can to be sure that the residency calculation disclosure you submit is complete, precise, and accurate. The more precise and accurate your disclosure, the more fully it corresponds to any and all records of travel, whether that is CBSA records or your passport, the better. While some have expressed a different view, I doubt very much that the lack of a stamp in the passport hurts so long as all travel is accurately disclosed ... it is only when the lack of a stamp in the passport suggests that the applicant may have other travel documents which were used to travel that the absence of stamps is likely to raise problematic issues. The lack of stamps for U.S./Canada border trips is common, so should not be an issue ... though, of course, all trips should still be fully disclosed. Some things the applicant has little control over. Indications of residence in the U.S. (or any country other than Canada) or status allowing residence, probably increases the risk of RQ. That's history, no changing it now, so it is something the applicant does not have control over. Very, very difficult to quantify such risks. There is no statistically significant data source to examine and evaluate, no concrete or even reliable estimates even. Like saying second-hand smoke increases one's risk of heart disease. Especially so since there are so many other risk factors at play. I further agree that giving oneself a margin over the 1095 day threshold is a good idea. The importation of the vehicle and other indicia of establishing a residence in Canada (bank records, drivers license, rental agreement, and so on) are good records. You probably have a strong case. You probably do not need to worry. Do your best to submit a complete and accurate travel disclosure and otherwise a fully well-done application, and all should go well. In the meantime, sure, keep records of all travel, keep records showing your engagement of activities in Canada, from using the bank to participating in events, especially employment and address documentation, just to be ready for RQ in case. Anyone can get RQ. So, yeah, good idea to be prepared. But odds are you won't get RQ and all will go well. |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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sivan
Junior Member Joined: 28 Feb 2011 Location: Vancouver Status: Offline Points: 146 |
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Thanks very much kevin_405, dpenabill for very detailed feedback.
Considering few US trips in my case after landing as PR, I am anxious that I may get RQ. At the same time, I don't want to complicate/create unease for the Citizenship officer with too much of (not asked) documentation to prove 1095 days while submitting the application. 1. kevin_405: Are you referring to writing a cover letter (detailing "short writeup of time-line post PR landing") along with the Citizenship application and attach all relevant photocopies as proof for entry/exit? 2. Including 2 days of stay after landing as PR (**My time-line below), completed 1095 days as of Feb 18, 2011. Planning to apply in few days - so, it will be 1106 days or so. How soon is good enough to apply? Does 10 to 15 additional days suffice [OR] - let's say one month after completing 1095 days is ideal? Please share your thoughts. **My time-line : Landed as PR on Aug 24, 2007. Absences outside of Canada:
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kevin_405
Junior Member Joined: 13 Jan 2010 Status: Offline Points: 94 |
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I had far more trips to usa and my case was far more complex than urs.. Inspite of all that I did not get a RQ.. Provide sufficient proof of presence in canada in form of bank account, salary statements etc and u should be fine.. Dont go in with a negative attitude..
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Sent:30-Jul-09||E-cas "Recvd":27-Jan-10 || ACK:27-Jan-10 || In Process:21-Apr-10||Transferred:24-Aug-2010||Test:9-Dec-2010||Oath:22 Feb -- Mississauga
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Family_Guy
Junior Member Joined: 04 Dec 2010 Status: Offline Points: 31 |
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Sivan:
My situation was more or less similar to yours. I had the same concerns, however, everything went through fine. Let me try to answer your questions by posting my experience:
I too entered Canada by road, I did not have the date stamp. I kept the car import (CBSA) documents as proof, similar to what you intend to do. However, I did not need to show them during my test / interview session with the CIC officer. Mere explanation of the situation was good enough. Since I worked in US and lived in Canada for a few months, I used the I-94 automatic re-validation for my daily travel back and forth. Similar to your 2 trips where there is no record. Again, an explanation of my situation to the officer seemed enough. I clearly explained the time period when I had the I-94 and the dates within that range looked acceptable. So in your case, as you have mentioned the 2 days, when the officer looks into your passport to check the entry/ exit stamps and asks you to explain, I believe a clear explanation of your I-94 situation should be okay.
I do not see any issue because of that (but this is my opinion). I think the CIC officers are well versed with the US / Canada border crossing
a. Is there anything I can do while submitting the Citizenship application (adding additional documents?) [or] while appearing for the test with the relevant documents to avoid RQ?
I did not. Actually during the time of submission, I had no clue as to what an RQ was; I submitted just the documents asked for in the application
b. Does CIC entertain viewing non-passport documents as proof of stay in Canada while appearing for Citizenship test? (For eg.. CBSA document - detailed below) PS: i) Have applied for Traveler History under Privacy act with CBSA to get my entry dates/details to Canada. Hope this will at least address entry portion of the trip, though it looks like it can take close to a month or so to get this. Sent this request via FAX and waiting for the response by Canada post. Details pertaining to requesting info. under "Privacy Act" is available @ http://www.cbsa-asfc.gc.ca/agency-agence/reports-rapports/pia-efvp/atip-aiprp/req-dem-priv-eng.html ii)Looking at US CBP, it may not possible to get entry to US details for border crossing via Road. So, not sure if I will be able to prove exit dates for 2 of my road trips to US. Are there any other options to look at? [BTW, thinking of applying for US entry/exit details under FOIA as mentioned in CBP website; Curious to see if it would help]. I had a few business trips to the US, where again the exit was stamped but the entry to Canada was not. I went prepared with itineraries etc.. but again did not need them. But I think the officer may allow you to show your document such as initenaries / CBSa records etc... so having them handy is useful.
Please suggest if there are other options that might help in avoiding RQ (or) worst case, being prepared for RQ. I would echo what others have mentioned in the forum - complete disclosure and good margin on the days. Please do not apply in a rush with only a few days of margin. Hope this information is useful to you. Thanks and good luck!
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canvis2006
Moderator Group Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574 |
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Here is the link to the thread, if anyone wants to obtain their US records :
http://www.immigration.ca/forum/forum_posts.asp?TID=4788&title=us-travel-records-from-us-dhs-cbp-foia |
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sivan
Junior Member Joined: 28 Feb 2011 Location: Vancouver Status: Offline Points: 146 |
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Thanks very much kevin_405, canvis2006,Family_Guy.
Appreciate all your help and inputs. I hope one month after completing 1095 days would be a good enough time to apply for the citizenship. Is this is typical? |
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sivan
Junior Member Joined: 28 Feb 2011 Location: Vancouver Status: Offline Points: 146 |
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Hi Canvis2006,
I was not sure of all my absences. So, I decided to get Traveler History from CBSA before I submitted my application. I will share my CBSA experience in another thread. In your post above, you were referring to getting "entry to US records" from CBP. http://www.immigration.ca/forum/forum_posts.asp?TID=4788&title=us-travel-records-from-us-dhs-cbp-foia In this regard, I have following questions: 1. Can a Canadian resident (PR) apply for US records from CBP. The above post talks about experience of US citizen. 2. Looking at US CBP wesbite, https://help.cbp.gov/app/answers/detail/a_id/976/kw/record%20of%20arrival%20and%20departure/session/L3NpZC9veUVaUUZtaw%3D%3D/p/0/c/0 I was planning to submit a written request similar to one for CBSA. But, CBP website indicates form G-639 to submitted with - I94#, Alien # etc. If you happened to get CBP records, could you please share your experience. 3. Also, does CBP record provide border crossings via ROAD?. CBSA Traveler report did not get all my records but CBSA Car entry report did show all my road trips. Could we request Car crossings as well from CBP? Thanks very much. |
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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Sidebar observation:
As I have often emphasized, the CBP site explicitly reiterates that land entry records are not complete and, actually, they advise that it is unlikely there is a record of most land entries. The usefulness of this information is thus compromised. While the CBSA sites I have visited do not so clearly articulate this limitation on their information, I think it is at least comparable, that is, that one cannot count on records of land entries into Canada being complete in CBSA records. I realize that at least one person in this forum has reported that that the U.S. and Canadian records that person obtained were indeed complete, that is, there was a record for every trip they made. Perhaps. At best, though, this is a single experience probably not representative of the usual and if a reliable report probably due to the idiosyncracies of that individual's case. In other words, once again I feel compelled to remind that the best records of entries and exits are those that individuals keep themselves, preferrably a contemporaneous log type record precisely noting date and POE for every crossing the individual makes. |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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