This piece is by our intrepid associate, Ruth Dickey, who is well-known for her love of Canada.
Given the current mess that is the U.S. asylum system, it’s not surprising that many asylum seekers who first land in the United States have been heading North to make their claims in Canada. Perhaps they are lured there by faster asylum processing times and a more generous attitude towards refugees. While it may sound idyllic to roll out of your igloo in the morning, pick up your Tim Horton’s coffee, and commute to work on a polar bear, obtaining asylum in Canada after you’ve been in the United States may not be so easy.
The main problem in Canada for asylum seekers who have passed through the United States is something called the Canada-U.S. Safe Third Country Agreement (“STCA”). This treaty requires applicants to make their asylum claims in the first safe country they enter. Thus, if you first enter the United States, you have to make your asylum claim here. If you first enter Canada, you have to make your claim in that country.
The STCA has four exceptions: (1) The applicant has family members with lawful status in Canada; (2) The applicant is a minor travelling without a parent; (3) The applicant has a document that allows him to enter Canada; and (4) The applicant faces the death penalty. More details about these exceptions can be found here.
The most common exception is probably the family member exception; it may also be the exception that creates the most confusion, so let’s take a closer look. Under the STCA, the term “family member” is broadly defined, to include:
- spouse
- legal guardian
- child
- father and/or mother
- sister and/or brother
- grandfather and/or grandmother
- grandchild
- uncle and/or aunt
- nephew and/or niece
- common-law partner
- same-sex spouse
You can see that Canada allows people to meet the family-based exception with a wide range of relatives. Cousins are not on the list, but virtually all other categories of relatives are.
In our office, we currently represent several people who left the U.S. to seek asylum in Canada, only to be turned back at the border. One client hired us in 2014, after he attempted to enter Canada from the U.S. He had qualifying Canadian relatives who were naturalized citizens of Canada. However, he had no documentation to prove the relationships, and so Canadian border officials rejected his request for entry and quickly returned him to the United States.
Unlike many people who filed for asylum in 2014, our client was lucky enough to get a prompt interview. However, like many applicants, his decision was delayed. Only recently—a year and a half after his first interview—he was called for a second asylum interview where he was questioned about his trip to Canada. Unfortunately, a well-meaning, but not-so-well-informed relative in Canada tried to help our client while he was in Canadian custody, and made some contradictory statements to Canadian officials. The Asylum Officer had the records from Canada, and asked our client about the relative’s statements. Our client explained the situation as well as he could, and we are still waiting for a final decision.
There are some lessons to be drawn from this client’s ordeal. First, going from the U.S. to Canada can do more harm than good. Even if you don’t have some well-intentioned relative meddling in your case, it takes time for the Asylum Office to get Canadian immigration records and review them. That means more delay (on top of already long delays), and no one wants that. Also, if you already tried to seek asylum in Canada and were rejected, tell your lawyer and try to remember any communication that you or your relatives had with the Canadian authorities—the Asylum Officer will likely have access to your records, so plan accordingly.
Another lesson is that, if you are seeking a family exception–through your uncle, for example–you should bring civil records (and translations) demonstrating that you and your uncle are related. Our client’s experience shows that Canadian border officials will not necessarily wait around for you to collect these documents once you reach Canada. You need to have the documents with you before your trip.
Finally, if you do plan to seek asylum in Canada, and you are in the U.S., you would be wise to consult with a Canadian immigration lawyer before traveling. Maybe you qualify for an exception to the STCA and maybe you don’t. A Canadian lawyer familiar with that country’s immigration laws should be able to advise you before you take on the risk and expense of going to Canada for asylum.
There are certain advantages to asylum in Canada, and some people who pass through the U.S. are eligible to seek refuge in that country. But unless you plan ahead for your trip, you may end up back in the United States and worse off than when you started.
Hello Jason, how is going? I am a Canadian citizen, want to buy house in Buffalo NY for rental income. If I own property there how US border will treat me. Is it same like they can refuse me to get into US?
This forum is for asylum, so your question is not something I can assist you with. Take care, Jason
Hello Jason
I am currently working in uae and am basically from indian occupied kashmir where human rights violation has been happening since 3 decades and agian this year more than 70 people are dead and the situation is going worse. I wanna immigrate to canada on refugee status. Am I eligible for that
I do not do asylum cases from Canada – I am in the US. You should contact a lawyer in Canada. Take care, Jason
Good Day Mr. Jason,
I am emailing on behalf of a friend, he is a Canadian citizen and his brother who is from Pakistan, is in states on visit visa, so if he wants to come to Canada and apply for refugee asylum, can he do that by going to the nearest Canadian border by car and apply for it ? would the Canadian border services call his brother to confirm his relationship or would he has to produce a documentary proof to confirm is relationship with his brother in Canada ? and once he is approved, can his brother simply pick him up from the other side of the border in Canada ? thanks alot
Kamraz
I do not know about asylum in Canada, but I do think he should talk to a lawyer in Canada before he tries this, just to be sure it will work. Take care, Jason
Thank you Sir.
You could contact one of these organization
• Vermont Refugee Assistance: Tel. 802-223-6840, email vtrefuge@together.net or jenness@accessvt.com, http://www.vermontrefugeeassistance.org.
• Freedom House, Detroit, Tel. 313-964-4320, http://www.freedomhousedetroit.org
• VIVE, Buffalo, Tel. 716-892-4354, http://www.vivelacasa.org
what they will do is helping your friend to schedule an appointment with the Canadian border authority and they will ask him for proof that he has a relative in Canada so he should have a proper documents for that, good luck
http://ccrweb.ca/sites/ccrweb.ca/files/static-files/documents/noticeclaimants.htm
Hi Mr.Jason,
I have valid multiple visit visa for USA and
Canada . I want to apply for Asylum in Canada . If I
Travel from UK to USA and stay 3 months and than fly
To Toronto am I eligible to apply or they will ask me to
File in USA which I don’t think safe country for me.
Would appreciate your suggestion thank you so much
You may have problems in Canada if you do that, but I really do not know. You need to talk to a lawyer in Canada who knows about the laws of that country. Take care, Jason
Hi jason! Im working as a polio member but after a few days ago unknown people giving a threate and torturing me. So im afraid. Please advice for me that i can get a right way.
If you are thinking of seeking asylum in the US, this might be a basis for asylum, but you must first be physically present in the US in order to apply. Take care, Jason
Hi Jason,
I am Ahmed and currently living on student visa in USA and i am actually from ”Kashmir” Pakistan part of Kashmir, Kashmir is the conflict place between India and Pakistan. I have fear of death in my area because of war situation between India and Pakistan and I am also a MBA graduate and was working for Children education and women education in Kashmir so some religious people and terrorist warned me to close this work ,otherwise I will face death punishment ?
So Can I apply for asylum in USA or either Canada on the basis of above situation or what are the chances of getting asylum in Canada or USA ?
Thanks advance for your suggestions…
Regards,
Ahmed
I do not know about Canada, but you can apply in the US. The fact that you come from a war-torn area is not necessarily a strong basis for asylum. However, the fact that you got threats due to your work with women and children is a basis for asylum. The more evidence you have about this, the better for your case. We have done many such cases, and we have had good success with such claims. But there are no guarantees. Two important questions they will have for you are (1) Can you live safely somewhere else in Pakistan and (2) can the government protect you. You will have to get some evidence that you cannot relocate within the country and that the government cannot protect you. Take care, Jason
Thank you for you suggestion, really appreciating …
hey i am Muslim and gay living in Pakistan (please hide my name and email address) i was happily living here until recent incident i am continuous receiving threats and have been bullied by a group of people. i am scared , icant even tell this to my parents because i know nobody will accept this . i have no other option than to suicide .
We represent gay asylum seekers all the time. If you can get to another country, you may be able to seek asylum and remain there permanently. Of course, the best countries are the US and other Western countries (Canada, Europe, Australia, New Zealand), but other countries might be good places for gay people too. It is worth looking into this possibility, as you can research it on the internet. Also, there are groups in the US (and I imagine elsewhere) that help gay people. One group here to contact is called Immigration Equality (http://www.immigrationequality.org/) – their website has resources that can help too. While the situation is very difficult, there are some options available and it is certainly possible to find a way out – we have seen others who were able to do it, though it is not easy. Good luck, Jason
I stay in Nigerian and I am gay…..I am being persecuted and rejected in my country…there is a 14years jail time with extreme toture for gays,lesbians,and bisexuals in my country…I stay with people for one minute….and the next minute they know I am gay….they either try to contact the authorities of my country or they chase me away…..I’ve been attacked several times because of my sexual orientation…I think people should be judged by there attitude towards other people and not their sexual orientation..I have a valid passport and I was wondering if I would be given asylum in canada???
I do not know about asylum in Canada. However, it sounds like you may have a strong asylum case. You should contact a lawyer in Canada to get their opinion. Good luck, Jason
Hi jason,
I have married with an indian lady. I and my 2 sons are holding Pakistani nationality. At the moment we are living a Middle Eastern country. Its very difficult for my wife to get long term visa to live with us in Pakistan as political situation between Pakistan and india is not good. My wife and 2 sons hold USA Visitor visa . Can she ask Asylum in USA in this situation.
Thanks
It does not sound like a typical asylum case. Unless there is a threat of physical harm, it is difficult to win an asylum case. Maybe look into other ways of immigrating to the US (like a work visa). Good luck, Jason
Im Algerian but im usa citizen double citizen abeen in America 20 years right now America is lotof discrimination racism abuse harassment because we are arab Muslim calling names and more u can see it in job in streets eney wher u go alake if ahave rrights to apply for asylum in Canada abeen good good citizen for all ma life we are safring her is relley hearts me and ma family ado nkow if ago to Canada along and apply for refuge or asylum then abring ma family letter when get ma asylum status so what u advise me to apply thanks and if aneed eney evdense to brove the harssmete and more ?please send email and anfo thanks
You can’t apply as a refugee to Canada. You live in the most developed and safe countries in the world, and as such, would never qualify. You can check this site out. http://ccrweb.ca/sites/ccrweb.ca/files/static-files/documents/noticeclaimants.htm
If you want to immigrate to Canada, you will have to do it like any other American citizen, and it’s based on a point system, education, etc. Please check out their site to better understand what you will be required to have, http://www.cic.gc.ca/english/information/applications/
Im Algerian but im usa citizen double citizen abeen in America 20 years right now America is lotof discrimination racism abuse harassment because we are arab Muslim calling names and more u can see it in job in streets eney wher u go alake if ahave rrights to apply for asylum in Canada abeen good good citizen for all ma life we are safring her is relley hearts me and ma family ado nkow if ago to Canada along and apply for refuge or asylum then abring ma family letter when get ma asylum status so what u advise me to apply thanks and if aneed eney evdense to brove the harssmete and more ?
You would have to talk to a lawyer in Canada about that, but my guess is that asylum in Canada is not really feasible, even though the situation in the US has deteriorated. There are other ways to move to Canada, however. For example, there is the NAFTA treaty that may allow you to go to Canada for a job. Again, you need to talk to a lawyer there to know your options. Take care, Jason
Thanks for your reply and your advice vrey kind a need some information regarding a lawyer for this matter please if you have anything available you can send it to me by e-mail or you can reply to me I appreciate that I hope you work it out thank you very much
Sorry, I do not know a lawyer in Canada for this. I believe the article above has a link that may help you get started in finding a lawyer there.
Hello Jason.
I’m from sudan currently I’m at India,my case due to political issues and war in my counrty ,how can i apply for America asylum while I’m at India….thank you
You have to be in the US to apply for asylum here. You may be able to apply through the UN or the International Organization of Migration to register as a refugee and then try to resettle in the US, but that is a long and uncertain process. But if you can get to the US, you can apply for asylum here. Take care, Jason
Thank you Jason very much…
Jason above the political issues …I’m in love with an Indian girl and I wanna marry her …but she belong to another religion than my religion. ..when i told my family to marry her they threaten me and her family too they threaten her….and my society there will never approve this marriage and we can’t leave without each other ..as we afraid for our lives in india and my country. .can i apply from india US sylums through the UN? In this case will they agree ..
It is not a typical case, and I think you may have a hard time applying through the UN. But I really do not know, and certainly you can try. Good luck, Jason
Dear lawyer please guide me on my situation
As I m Indian citizen and well educated and well earning in my life 5 years back but then I m in love and married my love and we have son also but my in laws against this marriage and they have very solid political background and huge money . So they start threat me initially and forcing me to divorce my wife when I refuse they started filling fake cases against me and because this I lost my job and not found any job . So I taken USA and Canada tourist visa and escape from India for a month in Canada I thought may be I m hide for some time they get stop thinking about me so I come back to India and shifted to another state but after two months they trace me and again start the activity so I again escaped from India and come USA for 40 days during this period and told my wife to watch about there activity during this period they influence my wife and promise her they will not do any thing more and now they accept this marriage but 4 months are good one day they suddenly taken me too far from my house and burn my both arms with hot plate iron and told me if I not divorce my wife next time they shoot me and my son so please guide me what should I do I asking help because my Frnd told me I should go for political asylum many time I try to take help from local police but due to political pressure they do nothing . As I already entered in Canada and USA can I go for asylum or not my all visit are for safe my self but this time I m scared please guide me what should I do
If you are in the US, you can apply for asylum (probably in Canada too, but I do not know about the laws of Canada). The case may be a bit tricky, as I am not sure exactly the basis for the asylum claim. If there is a political problems, it may be based on political persecution. For a case like this, it would be a good idea to have a lawyer – the case does not easily fit into a protected category of asylum, and one of the lawyer’s jobs is to help you craft a legal argument so you can get asylum. Good luck, Jason
Thanks for your valuable revert can you assist me for my asylum case in USA I can come there and meet you if possible I just need a great lawyer like you who guide me on right path so I can claim in right way I m not cheater and don’t want to cheat any country ,person or law I respect law and order because laws made for human safety
Sure – you can contact me at Jdzubow@DzubowLaw.com. Take care, Jason
Hi jason,
I have married with an indian lady. I and my 2 sons are holding Pakistani nationality. At the moment we are living a Middle Eastern country. Its very difficult for my wife to get long term visa to live with us in Pakistan as political situation between Pakistan and india is not good. My wife and 2 sons hold USA Visitor visa . Can she ask Asylum in USA in this situation.
Thanks
I’m gay and atheist saudi citizen
and these tow things are punished by jail.. public laches. some cases even death
can i claim asylum in the usa?
Yes – you would likely have a strong asylum case given those facts. Take care, Jason
Thanks so much
Hello
I am living in USA now, I am Syrian citizen ,I came to Usa two years ago and applied for asylum ,but the immigration didn’t approve my case ,they sent my case to the court and they put me under removal proceeding so it could cost me a lot of money ,I have two daughters they need to continue their study ,I have medical report about my panic attack ,can I apply for asylum at Canada border , would you please can you help me at any way
You can apply, but you might be detained and then returned to the US, which could result in your detention here. The good news, I suppose, is that detained applicants get their cases decide, but there are many negatives to being detained. You should talk to a lawyer in Canada before you attempt this – maybe they can tell you whether you will be able to seek asylum there. Take care, Jason
Hello Dear Jason Dzubow
hope you are doing well
I have plan to apply for migrating to Canada, i am kurdish from kurdistan iraq. my question is that how can i apply for migrate to canada legally. as my country has war.
i have MSc holder from the UK.
thank you
Ari Qader
I am in the US and cannot assist with cases in Canada. You should look for a lawyer there. Good luck, Jason
Hello Mr Jason.
I filed for asylum in canada in 2003. My case and appeal was denied and I came back to my home country. Conditions here are not so well to life as life threat is too high and I am planning to visit usa soon. Can I file for asylum in usa as my case back in 2002 has been denied in canada? does that effect in any way?
You can file for asylum here. The fact that you sought asylum in Canada 14 years ago may be a factor. You should assume that the US government will have your file from Canada, and they will know what you said in your 2002 case. Given how much time has passed and that you are not coming here directly from Canada, I do not see how the Safe Third Country agreement applies to you, but you may want to meet with a lawyer before you file, just to be on the safe side. Take care, Jason
What if i donot declare that I filed for asylum in canada in 2002? Does US Govt checks everyone’s file with Canada Govt?
My impression is that the US government will know if you applied for asylum in Canada, and if you try to hide it, I imagine that your asylum application will be denied. Take care, Jason
Hi,
I’m danish from pakistan, I want to asylum in united states, because me and my wife are not safe in pakistan, so please guide me how can we get asylum in united states.
Once you are in the US, you can apply using form I-589. I would recommend you have a lawyer help you, or at least talk to a lawyer before you apply to get a better understanding of your case and the asylum system. Take care, Jason
How can I contact the lawyer? Will you please guide me.
God Bless You.
I do not have contact for a lawyer in Canada; but the above article provides a link that might be a good starting place. If you need to contact me, my email is Jdzubow@DzubowLaw.com. Take care, Jason
Hello my name is Yahya from Syria I am 20 years married and my wife is pregnant I am a resident in Lebanon six years I do not have anything in Syria and in Lebanon and ask for asylum in Canada and in the fastest was I want to be a citizen of Canada I can not live in Syria, this is because of the loss of my family home I have Palmyra
I visited Palmyra once – I have great memories from that area and from all of Syria. However, I do not know much about asylum in Canada. You should contact a lawyer there for help. Good luck, Jason
Hi dear Jason,
I’m a 32 year old single man just have arrived in Canada. I’ve decided to live and study in New York so I have a question. Accordiing to my situation what do you think is better for me, asylum in Canada and then travel to US or initially travel to US and asylum there?
Thank you indeed
If you are in Canada, you may be blocked from asylum in the US based on the agreement discussed in this article. Also, depending on your arrest and/or conviction, you might have a harder tine getting asylum in one country or the other (they may treat the arrest differently under their different laws). You should talk to a lawyer about the possibilities for asylum in each country – maybe you will need to talk to one lawyer in each country, so you will know what is your best choice. Take care, Jason
Thank you dear Jason. I’ve checked the third country agreement and I am subject to one of exceptions. Can I contact to your email and ask another question?
I do not answer questions by email; if you want a consultation, I can do that. Otherwise, you would have to post the question here…
Good afternoon! I am asylum seeker in the USA, my application was denied and referred to the immigration court and my attorney said that I have very little chance to win. And I really afraid to go back to my country, I may be arrested immediately with unpredictable consequences for my life. Can I apply for asylum in Canada if I will receive a final denial in the US? How can I do that? And can I be deported to any another country if the US will reject me? Because it’s really mortally for me to go back to my past home.
I think you should try to win your case here first. Maybe you need a second opinion from a different attorney. It can be very difficult to get asylum in Canada if you have been denied in the US. In any case, if you want to go to Canada, you need to talk to a lawyer there before you go. I believe the article above has a link to help you find a lawyer in Canada. Take care, Jason
Hi Jason, I m from Indian and wants to settle in Canada, my brother in law is citizen in Canada and have suggested me to come over there to Canada on visitor visa to attend a marriage function, in that time he will file asylm case for us in Canada. Is there any possibility of success that after asylm I will get TR or PR. Thanks for your support.
Sorry – I only know about asylum in the US. I would talk to a Canadian lawyer before you start this process to see whether it can succeed. Take care, Jason
You can’t come here under a visitor visa and have it changed to an asylum case. Also, coming from India doesn’t qualify as an asylum country. I think your brother is misinformed, and if caught, you can be banned from Canada for a period of one or more years. Also, if your brother is caught falsifying immigration documents or lying on them, he can be arrested, and you will be deported.
Hi,
I am student in Austria and want to apply asylum in Canada. My father got killed in Pakistan so if i come to canada my asylum will be accepted or i will be deported back to Austria ? Thanks
I do not know about asylum in Canada (I am in the US). You should find a lawyer in Canada to ask about that. Good luck, Jason
Hi Jason
Please I need your advise about my case
I field asylum case and I have one daughter less than 21 years old, I did my interview when she was 20 years and 10 months, but I don’t have final decision regarding my case until now, shae pass 21 years now.
If I granted my case ? can I bring her to USA based on my asylum case because I hared from one attorney that her age will be frozen at the moment when I filed my case.
thanks for your support
The attorney is correct – it is called the Child Status Protection Act. If she was under 21 at the time of filing, you can bring her to the US if your asylum is granted (using form I-730). If she marries, however, I think she becomes ineligible, so if she is planning to marry, you should double check about that. Take care, Jason
Hi my uncle is a Canadian citizen but he lives in Dubai since 2011, CBSA will accept if I bring all the proofs that he is my uncle? And is it a must that he should be living in canada? Is it a must that he should come to the borders to receive me?
I do not know about this – you would need to contact a Canadian immigration lawyer for help. Take care, Jason
Hi Jason,
I and my family have USA visa, is it possible to book our flight through Canada, and while changing the plane we do not take the plane and apply for Asylum in the airport?
Rashiq
I do not know about asylum in Canada, so you might want to contact a lawyer in that country to ask. Take care, Jason
Hello Jason, I have a question. Let’s say I am a Canadian PR and I want my mother and my little brother (10 years old) to come to claim refuge at the US-Canada border, which documents she could show that indicates parenthood/relationship; would that be a birth certificate (with a proper translation of course)? are there any other documents that she needs to render? Will these documents get seized? and my second question is: which land crossing do they need to approach? Buffalo? Niagara Falls? or it does not matter which one they should to cross? and once they are over there and released, if eligible, do I have to take care of them? Please advise. Thank you so much in advance for your time. Angel.
You would have to talk to an immigration lawyer in Canada; I do not know about asylum there. Take care, Jason
Please Jason advice me I don’t know what to do and maybe there is any help you can render,my wife is currently in Canada expecting a baby anytime soon she entered through student visa and presently applied for asylum and her hearing will comes up next month,now I applied for Canada visa through one agent that I met through my friend the man said I should send my passport to South Africa in wish I did now he told me my visa is out but this is the condition i’ll fly from Ghana and before I land in Canada i’ll tear my passport and ask for asylum at the port on entry. I disagreed with him because he didn’t tell me this before though I have not pay him but my passport is with him and the visa ontop in wish I suspect it’s a fake Visa he later let me know that he has done it for people in wish they enter the same way he instructed me.Now am confused I don’t know what to do.
I certainly would not advise you to do something illegal. I recommend you see whether you can get a Canadian visa from the Canadian embassy. Maybe you can go as a dependent on your wife’s student visa. Good luck, Jason
Hello, Pls I need you advice on My plans about asking asylum in Canada. I’m a Dutch resident of African descent. I was told one don’t need to present a passport if one is asking for asylum that it’s jeopardise one chance of getting protection, since I would be passing through an airport should I hide or destroy my passport? Thank.
What you are proposing is illegal, and I cannot give you advice about that. Plus, I cannot assist with cases for asylum in Canada since I am in the US. Take care, Jason
Canadian immigration isn’t stupid, and if you flew into Canada the authorities know you had to have had a passport to board the flight. If you tell them you lost it, they’ll know you’re lying. Falsifying anything to immigration can get you deported.
Hello Jason,
Thanks so much for the information very helpful.
I would like to have more information about entering
U.S.A at the airport, can I seek asylum with my family at the airport
With no documents? You talked more on the Mexico border
But can you kindly guide me using the airport.
Thanks
Awaiting your response. God bless you.
It is basically the same at the airport (including the possible detention). However, if you get to the airport, it probably means you have a visa, otherwise, the airline would not have let you on the plane. It is far better to pass through customs and apply for asylum using form I-589 than to ask asylum at the airport. Remember that you must ask asylum within one year of arriving here, but if you can pass through customs, you will be better off. If you cannot enter the US, you can ask for asylum at the airport. Take care, Jason
Thanks so much for your quick response
At what point do you need immigration lawyer when
Seeking asylum at the airport. And what is the cost please
I am asking this assuming you do not want
to enter U.S with the docs you have. Can you
Kindly guide me through the process at the
airport and how you can assist with the whole
process.
Thanks
If you were arriving at Dulles Airport in Virginia, our firm may be able to help, but generally, we do not do much at the airports. If you need that at Dulles, let me know. Take care, Jason
Hello Jason,
We will be arriving in Washington. Can you still assist?
Also can you kindly reply email?
Thanks I appreciate.
I am about 2 days behind in my emails – if I did not reply, please email me again. Take care, Jason
I can’t guide you through the whole process, as it is too complicated. The short answer is that you will get a credible fear interview at the airport, which is easier to “win” than asylum. If you win, your case will go to an Immigration Court where you can apply for asylum, if you lose, you will be deported. Different lawyers charge differently, and a lawyer’s ability to help at the airport is limited, though the lawyer should be able to assist at the credible fear interview. Take care, Jason
Hi,
I am living in Michigan and I submitted my asylum case at Chicago Office in Feb,2015.
I have my husband back home, his life is in dangerous . Our enemies had try to kill him but my husband successfully escape and save his life, I sent all updates to the immigration office in March, 2016 but no news. I can not understand why the immigration offices making delays, every day I am scared and tired of thinking.
I want to bring my husband to me legally or illegally, please help me to figure out solution for my problem.
I did a post on April 12, 2016 that may be helpful. Your husband could also try going to a third country to wait for your case to be processed. One possibility it Ecuador, which does not require a visa for visitors from most countries. Of course, you can also ask the Asylum Office to expedite, but as you seem to have experienced, they are not very responsive. This situation is very difficult and represents the great tragedy of the asylum backlog. Good luck, Jason
Thanks Jason.
you are doing great help for us.
Jason
I am very tired and miss my childern, i interviewed in Chicago two months. How long i have to wait in average?
If i want to return my country what shall i do?
Can i apply for us visa in future ?
Thank you
If you leave, you might never be able to come back ever. Wait. You’ve been interviewed, which means the most is over. Its a very silly move to leave after coming all this way.
How long i have to wait?
No one can know. It might be a couple of days. It might be a few months. My advice is if you really fear being prosecuted, wait.
It is very sad – you may wait a day or a few years. It is impossible to predict. If you want to leave the US, you can, but certainly it may be more difficult for you to obtain a visa in the future. Certain visas – like H1b or an immigration visa – may not be affected by your asylum application, however, so if you can get one of those, you may be able to come back. Maybe inquire of the asylum office before you decide about leaving – hopefully a decision is coming soon. Take care, Jason
Hi Jason,
I’m , Syrian national, arrived in the USA(from Jordan) on visitor visa in Oct. 2014, while my wife, arrived, on visitor visa as well, in Dec. same year.
In Oct. 2014 I applied for a visit visa to Canada in the Canadian consulate in New York, but did not receive approval.
In Jan. 2015, my wife and I applied for Temporary Protection Status (TPS). In May 2015 we received work permits and social security cards for both of us. However, we did not receive any response/approval yet on our TPS applications nor on our asylum applications which we applied for in July 2015, though we did provide our biometrics (fingerprints).
Now we have a little baby 4 months old, born in USA. He has a US birth certificate, but no passport (neither Syrian nor American).
My uncle, brother of my father from (same mother), is a Canadian citizen who lives in Canada.
With reference to the Safe Third Country Agreement, can I, my wife, and son claim refugee status at the Canadian Border?
can my wife and son (he has no passport) accompany me when entering Canada at the same time?Do I need to withdraw my claim and asylum petition before I move to Canada?Are TPS /asylum file in U.S affect on my case to enter Canada?
Your advice is highly and prompt response would be highly appreciated .
I do not know about these things – you should contact a lawyer in Canada to ask how all this will affect an application for asylum in Canada. I suspect that for Canadian asylum, it is not relevant whether you get a US passport for your son or not, so probably you should get one, but talk to a Canadian lawyer first just to be sure. Take care, Jason
Hi
Thanks for the amazing help you provide, looking for an article about the recommended for approval, why? How long the final approval needs? What dose it mean exactly? Is there any benefits for having such approval?
Thanks a lot
If a person has “recommended approval” it generally means that the case is approved but the background check is not done. Unfortunately, it can take a long time (we’ve seen it take days, and we’ve seen it take 2+ years and counting). If you have recommended approval, you can apply for a work permit it you do not yet have one. Otherwise, there is no real benefit to it. Take care, Jason
Thanks a lot
Hi Jason
Can asylum seeking apply for SSN? It is important to get lease and drive licence.
Regards
Once you have the work permit, you can get an SSN. Before that, I am not sure. You can go to the local Social Security office to ask, or check their website. Take care, Jason
Hi Jason
You are right Jason. I applied asylum in Canada in 2011 but i first came to USA. My case was denied because of that. Judge asked me why you did not file asylum in USA because you landed there first and she denied. And now i’m back to USA and applied asylum here. But my passport is still with Canadian immigration. do you have any idea how can i get it back.
How did the US let you in without a passport?
I was kind of wondering that myself. I was thinking maybe he entered without inspection? JAS?
sorry for late reply. yes i entered without inspection.
Looks like Trump is up for two walls and not just one then! Haha
I do not know – it seems that they should have returned it to you. I would contact a Canadian immigration lawyer and see whether they can advise you. Take care, Jason
Thanks i will try to contact a Canadian immigration lawyer.
Thank you Jason for your constant efforts. We are moving our asylum case from Michigan to California this summer. We will reside in Los Angeles but would like to transfer our case to San Fransisco and not Los Angeles since it is faster in San Fransisco. My question is can we move our case to San Fransisco while we are in Los Angeles?!
Thank you in advance!
Not legally. When you change addresses, you have to give the asylum office your new address, using form AR-11 available at http://www.uscis.gov. If you give them your LA address, the case will be moved to LA. I suppose you can lie about your address, but if they find out that you lied (and this is often pretty easy to find out), it could cause your case to be denied. Take care, Jason
Thank you for the helpful response!
If we happen to move our case to San Fransisco, do we retain our place in the queue? Or do they put our case in the far back and lose our place?
According to USCIS, if you move, you retain your place in the queue. I am not 100% convinced that this is true, but that is how it is supposed to work. Take care, Jason
Thank you so much, Mr Jason for all your assistance and particularly your patience.
One thing I find confusing about asylum applicants like me here is the motive behind the claims.
You are here supposedly to escape danger, harm or even death.
You are allowed to stay here and apply to work if your case is pending for 150 days. I would have thought that we should rather pray that the work permit is issued on time so we can get a life while waiting endlessly for the intetview. Instead, someone is comparing USA to Canada and talking about 700usd that you did not work for. We should just be concerned with how to survive before the EAD. I was wondering if Canada also gives a chauffer driven car and a house by the lake.
As for me, my desire is to live again and do not want any form of tax payer’s money as handouts because my government failed me. The fact that my children are going yo school here with no questions asked is the highest level of kindness I could get from any government. I am hoping that someday, my kids and I would be able to give back to this country that owes us nothing…
I am not being judgemental but really hate the “entitlement mentality”that we display here at times…. you know, “working the system” and that is why a lot of Americans are mad at asylum seekers . I have met native born Americans who cant make ends meet too and here we are, wishing we got handouts.
I am due to apply for my EAD next week and hoping to GOD that I get it in 30 days. Its been hell for my minor kids and I but every step of the way, GOD has remained faithful. Let us not abuse this privilege is what my long epistle is about.
To my question my Jason, my finger print notices were intercepted by my landlird back in November and I did not get another notice until 42 days later ,after i went to Miami Office. Please do you think that might have affected my clock?Thank you sir.
I do not think it will affect the clock, but I could be wrong – the clock is often unpredictable. I do agree with you about the “entitlement mentality.” On the other hand, if the US offers asylum to people, it should not make them wait forever. Or at least, we can do something for family members who are separated from each other. Take care, Jason
Hi i applied for political asylum from New york in january 2014.me from pakistan.i hope that my interterview turn will come in August.
I have offer of a job in verginia but i am affraid that if i move to resume new job and move my case,my interview turn and case will be late.
Plz guide me properly that; if i move to verginia and move my case too then in verginia what will be senirity of my case?will it be start from zero day?or my interview will conduct same turn like in new york ? plz guide me properly.because i do not want to make any risk.thanks.
According to the Director of the Asylum Division, if you move, you should keep your place in the queue. However, I have heard about instances where this does not happen. Maybe you should email Arlington and ask. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason
My visa expired yesterday and I interviewed in Chicago office two months without decision, so is it problem if I travel to another state to attend conference using local airport or I have to use train because my visa is expired?
If it is ok to use the local airport what shall I told the officer if he ask me about my expired visa?
Thank you
You should be able to travel domestically without a problem. You will need a valid ID (passport or work permit, for example) and you might want to bring evidence of your asylum case, just to be safe, but you should be able to travel. Of course, if you want to be 100% safe, contact the airline and ask what type of ID they need. Take care, Jason
I CHECK THEIR WEBSITE AND THEY REFER FOR THE ID AS:
Foreign government-issued passport, SO I THINK I CAN TRAVEL, BUT DID THEY WILL CHECK VISA?
Adult passengers 18 and over must show valid identification at the airport checkpoint in order to travel.
Driver’s licenses or other state photo identity cards issued by Department of Motor Vehicles (or equivalent)
U.S. passport
U.S. passport card
DHS trusted traveler cards (Global Entry, NEXUS, SENTRI, FAST)
U.S. military ID (active duty or retired military and their dependents, and DoD civilians)
Permanent resident card
Border crossing card
DHS-designated enhanced driver’s license
Airline or airport-issued ID (if issued under a TSA-approved security plan)
Federally recognized, tribal-issued photo ID
HSPD-12 PIV card
Foreign government-issued passport
Canadian provincial driver’s license or Indian and Northern Affairs Canada card
Transportation worker identification credential
Immigration and Naturalization Service Employment Authorization Card (I-766)
I cannot tell you for sure, but many of my clients have traveled with expired visas and I have not heard about anyone having a problem. Take care, Jason
i have traveled with an expired visa , the TSA officer did not even bother to see the visa just looked at the first page
Maybe that was lucky – but I think you cannot count on that happening every time. Take care, Jason
Hi Jason, just wanted to know if after applying for asylum in the us and you find yourself in canada .will your application here affect your case in canada even without being interviewed here in the us.do both countries share info on asylum cases .
I am not sure how much information they share, but they might share everything. I think you would do well to assume that anything you told one government, the other government will know, and to act accordingly. Take care, Jason
Hi Jason, asylum interview date in Los Angeles is very late and i have been waiting for two years now. I consult with one lawyer and he said he can file law suit against USCIS for delay in Case and I will have my interview schedule near in the future. Is it possible or not? Also do you know how many asylum officers are looking asylum cases in Los Angeles and San Francisco. Do you know from where I can check about these.I heard many of them are in Border for screening.
Thank you in Advance For your responsee for your help
I do not know how many officers are working on border cases. You can get an idea about who is being scheduled now if you check the Asylum Office Scheduling Bulletin – a link is at right. As for the mandamus lawsuit, I do not know whether it will work to get an interview scheduled given that everyone is waiting in the same queue. I would be careful about that before hiring a lawyer, but it might work. I am just not sure. Good luck, Jason
thanks Jason for help us by important information . i relay interest your website and every single day i check hopefully i got a good news from immigration . i am just waiting my interview since February 2015 Newark office . definitely the immigration system in Canada very easy and faster than USA . i heard from some people if you go there it will take you just two months to get your interview .and you got free lawyer and some money i think like 700$ per month and free insurance and school .we do not have this here in USA . i hope the immigration system work faster than now i relay suffering . thanks again Jason . take care
I have not heard of those types of benefits, but it sounds pretty nice. No wonder people want to go there. Take care, Jason
You are absolutely right, when you apply at the border and the border officer refers your case to the Immigration refugee board (IRB) he will give you (Refugee protection claimant document), a list of legal aid organization in your province, your hearing date ( usually 2 or 3 months) and a form ( like I-589 in U.S) you have to fill this form out no more than 15 days from your entry date to Canada and send it to the (IRB) in your province, you could use this document (Refugee protection claim) to apply for the welfare where each adult will get 305$ a month, Medical insurance which included family doctor, free medication, emergency service and dental emergency but no specialist visit,and If you rent a house and show them the lease agreement you will get another 305$ but you should go to language school to get this assistance. for your chances to win there is whatever chance you have in U.S multiply by 10 and its usually depends on your nationality.
Hi Jason ,
I think this agreement is valid only if you have been caught in The border or you apply in the border. I have heard a lot of people got their asylum in Canada who went from USA with no exceptions in there .they have crossed the border illegally and applied in there after some time .
Thanks for the information
Maybe, but enforcement of the Agreement has increased in the last few years, and so anyone who plans this is wise to contact an attorney in Canada before traveling there. Take care, Jason
I honestly need some clarification on this, is it possible to have a pending asylum application in the usa ( without being interviewed but already applied ) and then get to canada by any means and apply there too? Pls what are the legal implications of this? Do you have to close your asylum application here before applying there and what are the chances of getting asylum over in canada with a pending or closed asylum application here?thanks.
If you leave the US, your asylum case could be terminated, and you may not be able to return here (though maybe you can get Advance Parole so you can leave and return, but typically, this only allows you to leave the US for a month or two). So I think it will be difficult to maintain two cases at the same time in the two countries. As for whether you can even apply in Canada, you should talk to a Canadian immigration lawyer. Take care, Jason
Don’t try it. US and Canada share info to each other. They check with US when you apply for refugee. One of my friend did not told about US but judge told him his arrival date in US and about asylum he applied and finally denied. My case was also denied because i first came to US and went to Canada and applied refugee. Judge asked me why you did not apply case in US.
People who go from US have very low chances of getting refugee in Canada.
What I am saying is that your case is taking a long time to be heard in the us and you decide to go and apply your case in canada because of the delay . definitely you tell them the truth about your case in us.
But you still need to meet an exception to the Safe Third Party Agreement – for anyone who plans to go from the US to Canada to seek asylum, it is a very good idea to talk to a lawyer in Canada before you go there. Take care, Jason
Yes, you can I know people who did this, Its not guaranteed 100% that the border officer will let you in because Its kind of inconvenience to have a pending asylum case in US and apply for asylum in Canada and in your statement or interview at the immigration refugee board (IRB) in Canada you should provide a reason why you left US and came toy Canada to apply for asylum in spite of you have a pending case in U.S, but If you have been denied in U.S or your case have been referred to the court your chances will be much better to win or claim Asylum in Canada.
Not to be a broken record, but in any of these cases, you would be wise to consult with an immigration lawyer in Canada before going there. Take care, Jason
I tottally agree with Jason, if you try to claim your asylum in Ontario province you could call this orgnization (legal aid ontario) on 1-800-668-8258, I think they will give you FREE consultation regarding you case, good luck
Good to know (the phone number – though I am also happy you agree with me) – Thank you, Jason
There are other orgnizations you could contact to seek help for your claim in Canada:
• Vermont Refugee Assistance: Tel. 802-223-6840, email vtrefuge@together.net or jenness@accessvt.com, http://www.vermontrefugeeassistance.org.
• Freedom House, Detroit, Tel. 313-964-4320, http://www.freedomhousedetroit.org
• VIVE, Buffalo, Tel. 716-892-4354, http://www.vivelacasa.org
• Committee to Aid Refugees, Montreal, Tel. 514-272-6060, ext 5, email carmtl@gmail.com (for people destined to Montreal or elsewhere in Québec)
• FCJ Refugee Centre, Toronto, Tel. 416-469-9754, email fcjrefugeecentre@on.aibn.com (for people destined to Toronto), http://www.fcjrefugeecentre.org
For this list you will see some orgnization in U.S and some in Canada the ones in U.S will help you to arrange the apoitment with the Canadaian border agency and the ones in Canada will help you with your claim for asylum inside Canada.good luck
Hey Jason, I have few questions completely unrelated to this topic. I was wondering for cases that have been pending for over two years, obviously some changes have occurred during that time. while finally called up for an interview, does the applicant have to update his I-589 by bringing a newly filled up on during the interview? by change I mean change of address, job, some old addresses might be not relevant any more since one lived there over 5 years now…What if there are more relevant events that have occurred meanwhile and you’d like to add to your declaration? Do you have to bring a newer declaration? what about small mistakes that you let in I-589 and/or in declaration that you caught after submitting your application, can you make any changes? Last question: if somebody want to cross the border after his interview while the decision still pending for a short trip to Mexico or Canada, being on status here but not having the advanced parole; would that be an issue? thanks in advance
At the interview, you will have an opportunity to update/correct the I-589, that is not a problem. If you have a big update (like a new spouse or child), maybe you can save time by preparing a copy of the appropriate page(s) of the form. Also, if you have updates on your story or your evidence, you should submit those. Leaving the US without Advance Parole while your asylum case is pending could result in the asylum case being denied. It could also result in your not being allowed to return to the US. If you plan to travel, you should talk to a lawyer before you go. Take care, Jason
Hi Jason,
I had been denied twice for Canadian visitor visa, but never made a trip to the Canadian border and ended up applying for asylum in the US a year ago. Would those denials in my background cause any obstacles on my way?
Thank you!
I have no idea – As Ruth suggests, you should contact a Canadian lawyer about that. Take care, Jason
Every visa application or attempt to enter the border in Canada is shared with the US.
There goes my plan B down the drain 🙁
Canadians are too nice anyway. Eventually, that would get on your nerves…
I live in San Jose. I applied for asylum in January 2013, took a fingerprint two weeks later and have been waiting for the interview for three years. In this January, I took another fingerprint. I thought the interview should be soon, but now two months passed, I didn’t get any interview schedule from USCIS. I’m tired of endless wait. Could you give me some advice? Thank you very much.
You can check the Asylum Office Scheduling Bulletin to get some idea about wait times (a link is at right). Otherwise, if you have some type of emergency, you can ask to expedite the case, but my impression is that expediting usually does not work. Good luck, Jason
Hi Jason,
Thank you for your reply. The SF office is going to conduct applications of February 2014, but you see my application was submitted in January 2013. Isn’t ridiculous? I changed the address several times during the three years. Is it the reason? Thank you.
Maybe that is the reason, but according to USCIS, moving should not affect your place in the queue (this was discussed at the quarterly stakeholder meeting in December 2015, though I do not know if there is a written document about it). You can email the Asylum Office and ask them about the delay – You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
I sent them many emails but got no reply. Maybe I should write a letter to them. Thank you very much, Jason.
That is not a surprise, though sometimes it takes several weeks for them to write back. Sorry, Jason
Hi Jason! In conversation with NY office they sad that then they receive case from another office, this case gets assigned with new number and putting in the end of the current line for interview. This means applicants doesn’t save their place in the queue….
Thank you for letting me know. That is not the position of headquarters (at least according to what they told us at a meeting last year). You might want to ask a supervisor to clarify, though I doubt it will be easy to talk to one. Take care, Jason