FYI an immigration lawyer was consulted to the issue at hand, ie. the legality of a Canadian crossing the border to operate a foreign registered aircraft. not about how to get a Green Card, so please put away the Pez pistol.
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FYI, I spoke at length with someone at the immigration dept several years ago. What you say above is correct. The difference is that CX actually BASED the pilots in the US. That is the distinction, and that is why it is now being DISALLOWED. It is being disallowed because it has been determined that what CX was doing was never actually LEGAL, and they have been told to sort it out. In other words, the underlying basis for the Canadians being staffed in US ports was NEVER LEGAL. That being the case, CX needs to provide extra slots for them back in Canada, not now engage in a one-off deal to lock the base slots up and keep actual AMERICAN CITIZENS out of their own base for up to the next 20YRS!! Again, if it was reversed, and it was Americans in Canada.....would you be so quick to defend the situation? I think not.