I entered Canada in 1974 as a Citizen of India flying in from…

Question

I entered Canada in 1974 as a Citizen of India flying in from London, England
during the commonwealth visa days, while I was waiting for my US immigration
visas to come through since they had been approved. Instead of wasting my time
in London, my brother figured that I can look into some Universities in Canada
and continue my education in Canada and move to The US when my immigrant visas
will be issued. I landed in February 1974 and was denied entry saying that I was
a potential immigrant and sent back to London,UK. I subsequently was issued my
US immigrant visas and entered the US in the summer of 1974. I am now a
naturalized US Citizen since 1983. I was never told that I needed a waiver to
enter Canada, and have entered Canada legally through Canadian Immigration with
my Green card, US driver's license and also my US passport. I have never been
stopped until a couple of days ago, when I was stopped and harassed at the
Rainbow bridge in Niagara Falls and refused entry.Is this legal?

Debra · Accepted Answer

Chat Conversation Started
debra thal :

I don't understand fully yet.

Are you saying that they asked you if you had ever been denied entry to Canada
and you said no but you had in fact been denied one time?

I

Customer: I have entered Canada several times after 1974 as a US resident and
later a US Citizen, so , when the Officer initially asked me if I had any
problems with Canadian Immigration, I said no, since I did not have any problems
since I became a US resident and Citizen.
Customer: If the officer had been specific about 1974, it would have jolted my
memory and I would have said yes for 1974. Isn't there a statute of limitation.
After this incident, when I checked about visiting Canada, it says clearly that
Us Citizens do not need visas. Doesn't this apply to me as a US citizen?
debra thal :

Yes it most assuredly does.

It's very odd that you were harassed like this.

You do not need a visa.

It's highly unusual that they would be concerned with something so far back.

Can you afford an immigration lawyer?

Customer: I can afford an Immigration lawyer, but I have no intention of living
in Canada. We are well settled in the US as professionals and as business
people. My children have been born and grown up in the US and are becoming
professionals. We always loved to take guests over to Niagara Falls on the
Canadian since it is much nicer on the Canadian side. We never had any problems
visiting Canada in the past. Why do you think I need a lawyer? Can I just write
to the Canadian Consulate in New York and have them straighten this out? I would
love to sue the Immigration Officers involved, particularly 2 of them since I
think racism was involved plus the added bonus of having a muslim name.
debra thal :

I believe this is exactly what did happen.

I was suggesting retaining a lawyer as you've been mistreated and it's very
likely you've been discrimated against because I cannot think of a reasonable
explanation for what happened to you.

You were not at all treated as you should have been.

I don't believe that suing will get you much satisfaction but I believe filing a
complaint makes a great deal of sense.

You will be listened to more readily if a lawyer is involved but you do not have
to retain a lawyer.

I am very sorry this happened to you.

Customer: These are the few questions I need answers to
Customer: 1) Is there a statute of limitation to what happened in 1974? (2) Is a
waiver required for me to visit Canada as a US Citizen? (3) What was the purpose
of fingerprinting and photographing? (4) How can I have these cancelled? (5) I
was given a Notice giving me an opportunity to APPLY FOR A JUDICIAL REVIEW,
should I pursue that by myself or via a Lawyer?
debra thal :

There is no limitation period on what happened but is should not matter.

A waiver is generally only if you are inadmissible. Youa re not.

They fingerprinted and photographed you to they will have you in the system.

It's not clear that you can have them destroyed but this is one thing the lawyer
can help you with.

If I were you I would hire a lawyer.

Customer: Can you recommend someone?
debra thal :

What you can do to find a lawyer in Canada is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will
be given the name of a lawyer and can consult with the lawyer and the first half
hour will be free.

Or you can check on a site called lexpert. This is a legal directory of leading
lawyers and law firms throughout Canada and is well-respected by the legal
community.

Here's the link to their website:

http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx

Customer: What is paragraph 41(A) subsection 41(A)
debra thal :

Non-compliance with Act
41. A person is inadmissible for failing to comply with this Act
(a) in the case of a foreign national, through an act or omission which
contravenes, directly or indirectly, a provision of this Act; and
(b) in the case of a permanent resident, through failing to comply with
subsection 27(2) or section 28.

I entered Canada in 1974 as a Citizen of India flying in from…

How JustAnswer works

JustAnswer in the News:

What Customers are Saying:

Meet the Experts: