Fraudulent PR Card at the Border: An Immigration Interview Transcript
When a fake permanent resident card turns out to be only part of the problem
We present this case in the form of immigration officer notes, obtained through an access to information request. A client approached us with a situation that was extraordinary even by the standards of immigration law – one in which the fraudulent PR card turned out to be the least of the problems.
The text below is based on the original GCMS notes. Names, dates, and other identifying details have been replaced with fictitious substitutes and marked like this. The story, however, is entirely real.
The Examination Begins
Arriving from Mexico City to Toronto Pearson International Airport, Terminal 3
Flight: AM 842
Arrival: June 12, 2022 @ 23:50
Seeking entry as a permanent resident
Language: English. Interpreter not required
Examination started: 01:40 approximately
The subject requested the presence of his spouse for the interview. His spouse, a Canadian citizen, was informed she was under no obligation to stay or answer questions. She chose to remain. The subject confirmed he had been married for three years (wedding in Vaughan, November 15, 2019), after a two-year courtship interrupted by periods in Mexico. No children together. His last entry to Canada, per passport stamp, was August 4, 2020. He had not left since, due to the pandemic. He had been living with his wife at 85 Finchley Road, North York for about a year.
Q: So what is the purpose of your coming to Canada today?
A: I left Canada 25 days ago and now I am coming back to Canada because I am living here. I married here and that's the reason I am coming back here.
Q: So as per your knowledge, what is your status in Canada?
A: My answer would be that I am a permanent resident of Canada before the officer told me the card is fake.
Q: Did you apply for permanent resident status?
A: Initially, I hired a Canadian immigration lawyer to file my case as a permanent resident. In his file, he has information about myself. This immigration lawyer by the name of James Walker.
Q: Did he deal with your application?
A: He started the file but he didn't finish.
An open-source search confirmed that James Walker is an immigration lawyer with Northgate Legal – 416-555-0127 – 4800 Yonge Street, Suite 310, North York.
Q: When did you apply for permanent resident status?
A: That is right after my marriage, I applied for permanent resident status. (Spouse mumbles something to the subject.) The issue is that I quit that lawyer as I found another person who was a Spanish people person who told me you can do it much cheaper and faster. He was like an immigration consultant. He said he was an immigration consultant or immigration services.
Q: So how far did he go into the application, do you know?
A: He just got the information and I paid him the fees but then I met this person who got me the card who said he can do it way cheaper and faster and that is the issue.
Q: So, you were married when you applied for this permanent residence application. Was the point to get sponsored by your wife?
A: Actually that was the issue... I was getting sponsored by my wife. Not the issue but we decided to go sponsorship.
The Café
Q: Then what happened?
A: I remember exactly where I met. It was Jane Street and Langstaff in a café.
Q: What happened in the café?
A: I was in the café and he came to me and ask me why I was here and he spoke Spanish. I told him I am with immigration lawyer. He came to me and thought I was Spanish. He came to me and asked where you are from and what you do. He said he was in immigration and he can help us with immigrating or work permit or whatever. (Spouse added: He said "I worked this for my whole life.")
Q: Do you remember the name of the person?
A: Luis Padilla or Padella. I believe his name was Luis but he went with Lou.
Q: So he just walked up to you and what did he talk to you about?
A: He told me that he worked many years with immigration and he does residence for new immigrants. Permanent resident, work permits, he says he did. He said that he did it all his life or many years.
Q: Did you ask him for any of his identification?
A: No, because I didn't feel like I can ask him for his driver license or something to know who he was.
Q: Did you ask for his business card?
A: No.
Q: So you took it on his face value that he works for immigration and he can help you with immigration?
A: When he told me he would do it cheap and fast, I didn't think about anything else. I didn't think he would do this. To come in front of immigration officer and to show a fake PR card... Sorry my language but I am not stupid. He also told me that if I have more clients, Mexicans who are living illegally, he can help.
Q: So that was your first meeting?
A: That was the first meeting. I didn't give him money because I didn't know him. So he gave me his phone number. I consult with my wife that there is this guy who wants to do faster and cheaper. My wife disagreed with it and said let's do it with the immigration lawyer. (Spouse added: the issue is that everybody Spanish, everybody brothers, they start relationship and friendship. I don't believe with this.)
Q: But you didn't listen to your wife?
A: No. The way he was so friendly and enthusiastically. He was speaking so good. He was very respectful. We met his family and he introduced us to his daughter.
The Documents
The subject provided the fraudster's phone number: 416-555-0193. The fraudster called many times, requesting copies of all passports with Canada entry dates, the electronic visa (eTA), photos, and a marriage certificate. He asked for $2,000 to start the case.
Q: Why would you believe a stranger and just give him all your documents? Did you never think about checking him up on Google or asking around or something?
A: He speak all the time in Spanish. When I came to Canada, I thought people are serious and I thought he was also serious. He asked me $2,000 to start the case. My wife disagreed. But he said I would have to give him $2,000 or else he won't do my job. He said in August or September 2020, he said that I would get it in three or four months.
Q: And then what happened?
A: I called him many times. Listen, it is already 3 months. Where are my papers? He said that don't worry. We are working on that. There are so many people in line that need a status. You need to wait.
Q: And then?
A: He called me and said I have your resident card. Ah... before the card, he gave me a paper, I have it in my house, I can bring it if you want. It was an immigration document and he said check everything to make sure it is correct. It is a long paper that says, this document is not valid for travel. But this is previous before you receive the residence, that you get that paper, and he gave me that paper.
Q: (Subject was shown a COPR and asked if this is what he was talking about.)
A: Yes... that one. It is the Confirmation of Permanent Resident. Only, that document had no picture. Before PR card, he gave me that document. He said with that document, you are already a resident but the card is going to arrive soon.
The subject stated the document bore his former address on Steeles Avenue, which he had provided to the fraudster along with a copy of his driver's licence. A week or two later, the fraudster brought the PR card in a white envelope – not an XpressPost envelope. The subject paid the remaining $3,000. Total cost: $5,000.
A: Officer, I apologize the problem I created because of my bad judgement.
The subject confirmed he had never applied for a SIN at Service Canada. The fraudster had provided him with a SIN number, which he used to open a bank account and apply for a health card. He received the health card at his address – "that's why I thought everything was real." He was unable to file a tax return for 2020. He and his wife co-owned a business: Metro Edge Consulting Corp – real estate consulting and construction.
Q: Did you ever meet this person between your first meeting and when he came to give you your PR card?
A: Yes, I met him several times. I didn't know him. I specially met him to find out that everything he said was okay and honest. He was trying to be my friend. He wanted to buy some properties in other countries and all. But the wife was not interested.
Q: Does he have an office? Do you know?
A: He said he had an office but we never saw. He only came with the card that he has.
Q: Did you think it is normal for someone to just give you a permanent resident card with SIN number?
A: (Spouse added: I know some Russian guys who immigrated and it was very fast for them. So we thought it was natural.)
Q: So that ends my examination. Do you have anything you would like to ask?
A: What is going to happen from here?
A Criminal Record Emerges
Q: I will be fingerprinting you in order to make the decision about detaining you or releasing you. Do you have any charges or convictions or have ever been to prison in any country?
A: No.
Q: Have you ever been to United States of America?
A: No.
Examination ended: 02:52
Fingerprint results revealed that the subject had been convicted of selling cocaine under New York State Statute 21, Section 846 for narcotics conspiracy, under the name Salazar Montoya Vega, Marco Antonio. If committed in Canada, this is equivalent to Section 5(1) of the Controlled Drugs and Substances Act, which provides that no person shall traffic in a substance included in Schedule I, II, III, IV, or V, punishable under Section 5(3) by imprisonment for life. The subject was isolated from his spouse for the following interview.
Q: Sir, I am going to ask you again. Have you ever been to United States of America?
A: No.
Q: Never been to New York?
A: No.
Q: Does the name Salazar Montoya Vega, Marco Antonio ring any bell?
A: No.
Q: Were you ever a citizen of Ecuador?
A: No.
Q: Were you ever arrested in United States of America?
A: No.
Q: Does selling cocaine in 1998 sound familiar?
A: No.
Q: Sir, I am not questioning your charges. You were fingerprinted. These are your fingerprint results. This criminality belongs to you. So, would you like to tell me something?
A: This was a conspiracy. I did nothing.
Q: This was also a conspiracy? Just like the PR card was a scam and you had nothing to do with it?
A: It was a conspiracy against me. I did nothing.
Q: But you were arrested for selling cocaine in United States of America?
A: Yes.
Q: As per the charges here, you were sentenced to 192 months in jail. Did you serve it before you left United States of America?
A: How much was it?
Q: 192 months. Did you serve this time?
A: Not... it was less. It was 10 years.
Q: So you were in prison for 10 years?
A: Yes.
Q: And then? You left United States of America?
A: No... I was deported.
Q: So do you have citizenship in Ecuador?
A: No.
Q: Were you born in Ecuador?
A: No, I was born in Mexico.
Given the facts, not only is the subject inadmissible for serious criminality; he also failed to declare this on his eTA.
The Minister's Delegate
Review started: 17:35
Q: Do you wish to conduct this review in English?
A: Yes.
Q: You have the right to have counsel present at this review, however only if your counsel is present and ready to proceed. There is no provision in the law to postpone this review in order for you to obtain counsel or to wait for counsel to be ready. Do you understand? Do you have counsel?
A: I have a lawyer, but he is not here but is available via phone. You can continue.
My name is Officer Chen and I am a Minister's Delegate. I have received the report pursuant to subsection 44(1) in respect to your application to enter Canada.
Q: What is your full legal name?
A: Marco Antonio Salazar Vega.
Q: Have you ever been known by any other name?
A: Yes, Marco Antonio Salazar Montoya Vega.
Q: Why did you change your name?
A: It was too long and I proceeded with this name.
Q: What is your date of birth?
A: September 22, 1963.
Q: The report alleges that you are not a Canadian citizen, is this correct?
A: Yes.
Q: Are you a permanent resident of Canada?
A: Well that is what I thought. But you know the story.
Q: Sir, you have a fraudulent permanent resident card, so that does not make you a permanent resident of Canada.
A: Ok, I understand.
Q: What country or countries are you a citizen or resident of?
A: Mexico and Ecuador.
Q: So I see on your criminal charges in the U.S.A, you were born in Ecuador; however on your Mexican passport, it states that you are born in Mexico. Could you further clarify in this matter?
A: I was born in Mexico.
Q: How did you acquire citizenship of Ecuador?
A: I travelled over there so I acquired an Ecuadorian passport. But yes, I am born in Mexico.
Q: In this report it is alleged that you did not comply with the provisions of the Immigration Refugee Protection Act. Specifically, this report alleges that you are not in possession of a valid permanent resident visa in order to remain in Canada on a permanent basis, pursuant to IRPA sections A41(a), 20(1)(b), and R6. Also, you are inadmissible to Canada for serious criminality pursuant to IRPA section A36(1)(b). Do you understand the allegations in the report written about you?
A: Yes.
The report was read to Mr. Marco Antonio Salazar Vega.
Q: Do you have anything to add in regard to this report as to why this report is not well-founded?
A: No. You articulated it well and I understand what is written against me. Thank you for explaining it.
Q: Sir, you misrepresented on your eTA and have been to Canada on three separate occasions. You then proceeded to purchase a fraudulent permanent resident card from an unknown individual at a café shop and blame it on him for having given you this document illegally. However, I would ask you to take the seriousness of these offences into perspective and understand how this affects you.
A: I am so sorry. I understand how this looks. I really messed up. I do not know what to say. I know it looks bad, but I wish to stay with my wife.
The Exclusion Order
Q: Based on your confirmation and agreement with the report, I will be upholding this report. As such I will be issuing an exclusion order barring you from Canada for one year. I am also upholding the report for serious criminality, however there is no further action required on it.
A: Okay. Can I talk to my lawyer? I just need five minutes.
Yes you may; however, I have to advise you that you are excluded from Canada.
Break: 18:15. Interview resumed: 18:25.
Q: Also sir, I will be cancelling your eTA since you misrepresented. So the next time you enter Canada, you require an ARC, ensure you are rehabilitated or your offences are expunged, apply for a valid eTA declaring you were convicted in the U.S.A, and a valid permanent resident visa. Do you understand?
A: Absolutely, my lawyer will be working on this.
Q: Based on the timing of this review there is the next available flight with the transporter that will be departing in hours. I will confirm with the airline that you will be booked for this flight shortly.
A: Thank you. Any chance I could stay to celebrate my wife's birthday?
Unfortunately, this is not a compelling humanitarian or compassionate reason to further delay the execution of this exclusion order considering the seriousness of the offences committed by you.
A: I understand. Thank you.
Transporter was requested to book departing flight to Mexico via flight AM 843 on June 13, 2022 (same evening as review). Subject was provided with acknowledgement of terms and conditions to return at 22:30 to confirm departure. No further contact with the subject was made.
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