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 sir,
What if I’m in the US but also have a Canadian visit visa and seek asylum from within Canada not in a port of entry?
Regards
I don’t know – Talk to a lawyer in Canada about that before you try it, as you may end up being returned to the US and placed into detention. Take care, Jason
Good day sir,
I am a nigerian refugee who has been affected by the on going islamic terror by the boko haram sect in the north east! I fear everyday for my life and seek asylum in canada. Please what are my chances
I am in the US and I do not know about asylum in Canada. I recommend you contact a lawyer there. If you were filing for asylum in the US, one issue would be whether you can safely relocate to some other part of Nigeria. This may also be an issue in Canada, but you need to ask a Canadian immigration lawyer. Take care, Jason
Hi , is there agreement between Canada and Europe also?!
I do not know, sorry, Jason
Hi Jason
I am in a b1/b2 visa in the US. I am planning to cross to Canada. Is there any way the authorities in Canada know I was in the Us. Does Us and Canada share visa holders information.
The two countries do share information and of course, since you are coming from the US, they will know you were here first. If you plan to file for asylum in Canada, there are restrictions on doing that for people who are coming from the US (and you could be deported back to the US and detained here), so I recommend you talk to a lawyer in Canada before you travel. Take care, Jason
Hi Kidus, I have been thinking of doing the same. If you can drop any info please do.
Hi Jason, I wanted to know about the success rate of asylum seekers that are atheists and have fled from Afghanistan. It will be difficult proving danger of persecution when it is a crime to be an atheist there. Therefore, you can’t go to the police. So, there are limited ways to get proof like text messages, emails, messenger, or sometimes recordings. Will that be sufficient?
I cannot really evaluate a case based on such limited information. I think you should talk to a lawyer to go over the specifics. However, if a person has been threatened or attacked because he is an atheist, that could form the basis for an asylum case. We have done many cases from Afghanistan where the extremists believe that the asylum applicant is an infidel, and those cases have almost always been successful. Take care, Jason
My wife filed her Asylum application in 2014 and I want to join her in the U.S and her case is still pending. I failed the visa interview at the consulate. I was thinking that may be I can apply for the Canadian visa and then enter the U.S from Canada at the border.
1. will the STCA affect me?
2. do the consulates have details of Asylum Seekers in their database around the world?
I would not be surprised if the Canadian embassy knows about your application for a US visa, but I really do not know. The STCA does apply to you. Whether there is an exception in your case, I do not know. You may want to talk to a lawyer in the US to review the specifics of your case and the law. Take care, Jason
My friend is a landed immigrant in Canada who married a girl from India. After coming here he found out that there are medical issues with the girl and they both want to get separation. However, he has not been in Canada for more than 2 years. Hee would get deported in case of separation. In india, his life is under threat due to his faith. Can he claim asylum in Canada if he is about to get deported? Can he claim asylum in the USA?
I do not know about Canadian immigration. Before he tries to claim asylum in the US, he needs to talk to a lawyer here (in the US). His immigration status in Canada may block him from asylum in the US, and he should figure that out before he comes here. Also, there may be options other than asylum for Canadians in the US. Take care, Jason
Hi Jason, im somalian who lives and saudi arabia , my work permit is about to expire so i cant go back to somalia because the situation their is not safe plus i dont speak the language i cant survive with the shabab and the terrorist groups so i want to ably asylum in canada but the problem is that i cannot issue any visa by my documents to canada i can only get an US visa thats way i have to arrive to the US first then get to the border so what do u think about my case?
It is very likely you will be rejected if you try to enter Canada from the US and seek asylum. Before you do that, you should talk to a lawyer in Canada about your eligibility. You may have to file for asylum in the US, but talk to a lawyer in Canada to see whether that would work for you. Take care, Jason
Hi Jason Dzobow,
I am from Nigeria and I will like to know if I can apply for asylum and what is the easy way to apply.
Thank you.
If you fear persecution in Nigeria and you are in a third country, like the US, you can apply for asylum. You should talk to a lawyer about the specifics of your case to get a better idea of whether you might qualify for asylum, as not everyone who faces harm can get asylum. Maybe do this before you travel to the third country, so you know what you are getting yourself into. Take care, Jason
Hi, i am asylum seeker in Canada, last month my hearing was done and board member reject my protection, now i wana go to USA and apply for asylum in USA bcz if i will go to Pakistan taliban killed me, i already have a valid US visa and before i was 2 times travel to US… please inform me about my asylum chance in US?
There is an agreement between the US and Canada, and the fact that your case was denied in Canada will be an issue if you apply in the US. I have not specifically looked into this, so I do not know whether there is a way around it. Either you will need to find a lawyer who has faced this issue, or you will need to hire a lawyer to research the answer, as you need to know this before you try for asylum in the US. Take care, Jason
Hi.. I’m Indian. Married to Indian Hindu. Can plz help me out with US visa. I’m facing difficulties in my society
We cannot help people get visas to the US. You might look around for a lawyer who specializes in getting people visas to come here. Take care, Jason
I have 2 kids who are Canadians and both live with thier mum in South Africa. I work in Nigeria and wants them there. My spouse is so scared of the security issues there and woukd not want to come over. On the other hand South Africa is not as safe for the kids. She wants us to move over to Canada on asylum basis. What is out chance. Kids 6yrs and 2yrs.
I am in the US. You would need to talk to a lawyer in Canada about that. Take care, Jason
Am from Nigeria I wanted to claim asylum in Canada at airport because they want to killed me in my town because they want me to become King of the town they killed my of my children and want to Canada for protection do I go there kindly help out of this problem.
I am in the US. You should talk to a lawyer in Canada about this. Take care, Jason
Do I come to united States of America to claim it because now I keep my self out of the Nigeria now if I come to State can you help me out.
If you are in the US and want to contact us, you are welcome to – my email is Jdzubow@DzubowLaw.com. Take care, Jason
How do I contact you because I don have any of I’d prof do I give me your contact number to give imegration official at air poe to contact you immediately thanks am waiting for your reply. Thanks my Jason Dzubow.
You can find all my contact info on my website: http://www.dzubowlaw.com. Take care, Jason
Dear Jason,
l am a very strong supporter of opposition in Zimbabwe and my family is no longer safe saying here. Was thinking of seeking Asylum to Canada, myself together with my family. l have to counter the ruthless action by the Mugabe’s Zanu PF.what is the probability that l will be granted Asylum in Canada
We have represented people like you in the US with success, but I do not know about Canada. You need to talk to a lawyer there to evaluate your case under their law. Take care, Jason
Hello,
What are the advantages and disadvantages of making asylum claim at airport compared to making the claim after entrance? Will the claimant have other options if found ineligible by the border officer?
Best
As far as I know, there are few good reasons to make the claim at the airport – you will likely be detained, you might have to do your whole case from the jail, you will be in front of a Judge instead of at the asylum officer. The only advantage is that detained cases are faster than non-detained, but the odds of winning are lower. The main reason to make the claim at the airport or border is that you have no other choice, and will be deported immediately as the alternative. Take care, Jason
Am a born Nigeria citizen, also a nationalized south African, citizen, myself and father hard issues and he refuse to support me at school and i took him to court , we found out that his not my father that we have same forefather meaning my Uncle could be my father and my mother passed away. now am trying to find out who is my father . my family want me dead because they believe am a tabu (forbidden). and am scared they will do anything to eliminate me . i have a Canada visa and a USA visa . can i travel to Canada and seek asylum inside Canada and what proof do i need to provide for my application to be successful
You would need to talk to a lawyer in Canada (I am in the US). The fact that you have two citizenships will likely make it more difficult for you to win asylum, but I do not know the details about that under Canadian law. Take care, Jason
Hi , With the fact that foreigner are being killed in South African and also my father stays in South Africa and also in Nigeria . will that be against me
If you have an asylum case from SA, but your relative is still living there, you may be required to explain why it is “safe” for him but not for you. Normally, we have not seen this block a person from getting asylum, but you should be prepared to explain. Take care, Jason
I visited USA in 2004 and claimed asylum within 6 months in USA. My case was based on political unrest in Sri Lanka. Case went till 2014 and later in 2014 it was denied but no deportation order was issued. I appealed the case and while waiting for a date, political situation became better and the Sri Lankan government was changed by the elections. So there was no fear of life and I moved back to Sri Lanka volunteerly. After 2 years living in Sri Lanka I got married here for a Canadian citizen living in Toronto. I knew him for 20 years and he knows all about my asylum case in USA. Now he want’s to sponsor me to come to Canada as a spouse. He is qualified to do the sponsorship. But my question is will the Canadian immigration grant me PR as a spouse because of my previous claim in USA ?
I am in the US; you would need to talk to a lawyer in Canada about that, but I doubt your US asylum case will cause problems for you. Be aware that the US and Canada share info, so the Canadians may get a copy of your application (or at least, they will know that you applied). Take care, Jason
Hello… I have two questions
1: is that if someone already asylum (refugee) in USA then he wants to crosse the canada border illegally (by car , train, etc ) after crossing the border can canada immigration accept him or return back to USA.
2: second Question is that after getting green card USA ,
Can easily someone move to canada
For permanent residency and get citizenship there ?
Please answer me soon
thanks
1 – I highly doubt Canada would accept such an immigrant, but talk to a lawyer in Canada about that before you try it. 2 – I think it is pretty east for USC citizens to move to Canada, but I am not sure about green card holders. Again, talk to a lawyer in Canada who can help with immigration to that country. Take care, Jason
Hi, i need advice please
Am from Jordan, my husband Iraqi, i have 2 American kids and i have 1 Irai hold his father Nationality, Am in USA since 6/27/2014, my husband tray to come but the Immigration cancelled his visa at the airport and let him to go back, i need advice how can i be legal at the USA, how can my husband come to USA, or how can i enter Canada, Thanks a lot
I do not know enough about your case to advise you. You should consult with a lawyer to evaluate your situation and the possibilities for you to stay. Asylum may be an option in the US, but normally, if you do not apply within one year of arrival, you are not able to get asylum. There are exceptions to this, and maybe you qualify for one – Talk to a lawyer about it. As for Canada, you would have to talk to a lawyer in that country to get advise about the situation for you there. Take care, Jason
Hello. My family and I went to Canada looking for asylum in 2008 due organized crime haunting my family here in Mexico. Our petition was denied and we had to come back, now we’re relocated living a totally safe life. I’m 18 now and wanted to visit Toronto on vacation, I was looking through some papers my parents kept from our stay there, I saw a Certificate of Departure and it says Cause of Removal: A36, we weren’t asked to leave but out refugee request was denied. Am I able to go back to visit Toronto as an adult now by my own? Thanks
I am in the US. You would need to contact a Canadian lawyer about this. Take care, Jason
Dear,
I was born and raised in Saudi Arabia and I’m originally from Sudan. Here is my situation, I was not granted citizenship because my father is not a Saudi even though He’s been living in Saudi for 40 years now. I couldn’t even get to public schools or University My parents had to pay for my education till I graduated from university from Malaysia. Furthermore, after graduation I learnt that I could work only on certain jobs (not all jobs are allowed to be filled by foreigners). You know I still renew my visa every year and I can’t travel without my sponsor permission and I can’t switch jobs without the sponsor permission neither. And once you retire, you will be deported to your home country (a country I never know). My aunt is Canadian and I filed for ECA report and received it. I want to know if I’m eligible to apply for asylum to Canada.
thanks
And Sudan is one of worst countries in the world. Please if anyone recalls a good lawyer who can help me, would appreciate it
I am in the US and I do not know about Canada. You would need to contact a lawyer there. Take care, Jason
hey how are you thanks for your efforts and help me and my wife are from syria now in usa we apply for asylum in sep 2016 they send us they are now dealing with the cases from 2012 so we are really thinking in giving canda try my wife brother is leaving lawfully with his family in toronto we are thinking in going to the american candidn borders and ask for asylum how much it will take and do you think they will reject our request as we allredy apply for asylum in usa its just because it will take 4 years for starting our case here thansk
If you stay here, your case will surely be slow (though you can ask to expedite, usually due to family separation or a serious health issue). If you want to go to Canada, you should talk to a lawyer there before you go to make sure you will not have a problem. I have met people who tried to go to Canada, were rejected, and then were detained when they came back to the US, so be careful and talk to a lawyer before you try that. Take care, Jason
I just want to let my story here just for warning. I asked asylum in Canada in 2013, I have an aunt who is a Canadian citizen and we proved everything, I knew about the STCA . I am from Venezuela and my life was in danger, so I took advantage of my American tourist visa and passed through the United States as soon as I arrived there.
My claim was denied (I lost $CAD 9.500 in lawyers). And I came back to my country.
As I left money and lot of personal stuff in Canada I planned to meet with some friends in New York so they could give me my things back, so last week I wanted to go to the States, I had to stop in Panama, when I arrived there, a man revoked my visa and told me that when you asked asylum in Canada (he named 5 other countries but I was shock) you can´t go back to USA because immediately your tourist visa should be revoked.
I can see now that my only crime is been Venezuelan, because I can proof to anybody I didn´t do anything wrong in any of those countries. Now I understand why there is so many people living there illegally and what is worst, they breastfeed and sleep with their enemies, but when you try to do the things right you are treated like a criminal.
If something like this happens to you please, first, don´t let any of your stuff in Canada (I thought I was going to get back soon because I had a great job, and they were going to help me but the paperwork is huge). Second, go check the status of your American visa before travel there if you previously asked asylum in Canada.
I hope I can help someone to save time and money.
Probably, this occurred at a pre-inspection office in Panama. Some countries have these; others do not. You could re-apply for a new visa to the US, but you would need to show that you plan to leave the US at the end of your visit, and that can be difficult since you already asked to stay permanently in Canada. Thank you for sharing your story. Take care, Jason
In my case my refugee claim was denied and after the appeal was also denied I didn’t show up to the deportation appointment so I’m now living illegally here, I guess all hope is lost for me haha
There is probably no legal path for you, but you never know. It does not hurt to consult with a lawyer about the specifics of your situation so you know if there are any options available to you. Take care, Jason
I’m a Saudi woman having a lot of issues with my family (nothing is documented). In Saudi, my family is by law controlling my whole life starting from where to work, who to get married, and ending by travel permission. I have a job offer in USA with H1B visa. My question is, if I managed to get out the country, would my family able to get me back if they with the Saudi gov fake a strong case against me? Should I file an asylum case at the airport or would it be fine to get in with my visa even if the Saudi gov ask to get me back for whatever reason?
thanks
If you ask asylum at the airport, you are likely to be detained (in jail). It is better to come to the US, talk to a lawyer about your potential asylum case, and then – if you want – file for asylum. This way, you will not be detained (assuming Trump does not change the current rules) and you can keep your H1b and pursue your asylum case. Take care, Jason
my father in low is one of Islamic organization in Egypt named (Ekhwan ) and he escaped from the police as he know that if they catch him he will not see the light again, because of Egypt political condition .
me & my family leave in Saudi Arabia from two years ago during our vacation mu husband faced a lot of problem and discrimination starting from Egypt Airport Passport ,they let hem wait for 4 hour to approve his entry additional, our police start to asked about him and an any inspection they asked him about his father and started to threat him .
now after the political issue between Egypt and KSA we started faced a lot of discrimination ,as, my husband didn’t find work since 4 months .
my question is can we submit for asylum in Canada .
Maybe, but I am in the US. You should contact a lawyer in Canada to ask about this. Take care, Jason
I am a Saudi Citizen on an I20 Visa. I have in the US for over 5 years. I was an outspoken atheist, humanist and a human rights activist when i was in Saudi Arabia. I have an insider confirmation of my arrest back home. the government refused to renew my pass port here in the US and my legal status is based on a valid I20 Visa. I obtained extension for my stay because I was diagnosed with cancer two years ago and I went through major brain surgery. I was advised not to seek asylum here in the US because I have been here over 2 years. My nieces are Canadian citizens but only one of them currently lives in Canada.
Is there a possible way to get to Canada, considering I have an expired passport, and apply for asylum there?
If you are still a full-time student and in lawful status, you should be able to apply for asylum here (you would meet an exception to the one-year filing requirement). Talk to a lawyer about that if you want to stay here. As for Canada, I do not know whether you would be able to seek asylum there. Talk to a lawyer in Canada before you try it. Take care, Jason
My name is Johnson adebayo a police officer in Nigeria, there was a Time I did cultists case in my department and the case was charged to court for prosecution but unfortunately the said suspects were released on political influence later they started threatened my life and also the life of my family, this made me to resigned from police and ran to us for safety but my wife and children are still in Nigeria unsafe now they have us visiting visa but I wish to move them to Canada to seek asylum
I am in the US. If you need advice about Canada, you should contact an attorney there. The situation you describe may form the basis for an asylum case, but you might want to talk to a lawyer before you try that. Take care, Jason
Hello im 17 years old turkish citizen currently in US. My legal guardian or family is not in US and i May be arrested if i gp back to turkey i have evidence, there are some people in Canada that are my family friend and can support me financially, should i apply for aslyum on the border, do they refuse me?
I do not know – I highly recommend you talk to a lawyer in Canada before you try that, as you might be rejected at the border and then detained in the US after you are rejected. If you cannot go to Canada, you can seek asylum in the US, but again, I recommend you talk to a lawyer before you do that, as you might have other options besides asylum (like Special Immigrant Juvenile status). Take care, Jason
I came as visiting scholar to USA on june. I still continue as visiting scholar. I was Prof. Dr. in Turkey until july 29th. But Turkish goverment fired me, they canceled my passport and they published in official newspaper as national security threatening. Trump said that i will send back people that is wanted by Turkish Goverment. So I dont apply for asylum in USA. Everything is uncertain in USA. we dont know what will happen after January 20th 2017. How do I apply for asylum in Canada?
I do not think it will be too easy to send you back. Even the president must follow the law. So I do think you could try for asylum here if you wanted to or needed to. I recommend you contact a lawyer in Canada to ask about asylum there and make sure you are eligible. Take care, Jason
hi my name is nada i’m an atheist from Saudi Arabia I’ve been getting a lot of threats from my dad if i didn’t leave atheism he’ll marry me off or put in a shelter and i’m afraid for my life as i hear girls in shelter get abused i’m being forced to practice their worships and their beliefs because i don’t have any choice i can’t travel due to my dad won’t give the traveling permission i’m saving money to escape from a gulf country while my family staying there do u think that Canada well welcome me ? can i seek asylum there? because i’m thinking of going to Sweden instead
The problem you have potentially could form the basis for an asylum claim in the US, but I do not know about those other countries. You would have to talk to a lawyer there. Good luck, Jason
i have a visiting visa to the usa but i want to make a refugee at the Canada border because i have a sister in canada. if i am denied entrt to canada do i stand been deported from the usa or i will be asked to enter the usa freely
If you are rejected by the Canadian authorities, you may be detained in the US, or maybe not (I have seen both results), and then you can seek asylum in the US. I recommend you talk to a lawyer in Canada before you try this, to make sure you are eligible and to make sure you have all the evidence needed when you arrive at the Canadian border. Take care, Jason
If someone has is asylum claim rejected or has withdrawn it himself before his court hearing in Canada can he hope to apply for and get asylum in USA or any other first world country for that matter?
There is an agreement called the Safe Third Party Agreement between the US and Canada. If the person closes an asylum case in Canada and tries to seek asylum in the US, he could be denied entry into the US, or his asylum case could be rejected. I recommend before you start on that course, you contact a US immigration lawyer to make sure you are eligible to seek asylum here. Take care, Jason
Hi my name is shahfahad and i am originally from Afghanistan and I am living in Pakistan and Pakistani government are not accepting us to live in pakistan and can not go back to Afghanistan because of political issue and I have pakistani citizenship but I have no original record’s so they can block my citizenship anytime can i apply for asylum in canada consulate please Jason help me as humanity it will be very kind of you
I do not know about the laws of Canada. I doubt you can seek asylum at the consulate, but I do not know. To seek asylum in the US, you have to be physically in the country, and it may be the same for Canada. You may want to contact a Canadian lawyer for advice about this. Take care, Jason
Im in the usa and undocumented i fear that if trump does what he says .i will be seperated from my family and if i resist from being deported i will be killed.officers of the law here kill unarmed people for any reason so i truely fear for my life and if i end up being deported to mexico the chances of me ever seeing my family. Is close to none .my dad lives there and im really afraid of him for all the domestic violence me and my family suffered at his hands.would i be able to seek asylum my family means everything and not seeing them again would ruin me.
Currently, fear of domestic violence can form the basis for an asylum claim. However, even under the current law, this is a difficult claim to make – especially if you have missed the one-year asylum filing deadline. The new Administration may eliminate domestic violence as a basis for asylum. How that will work for cases that are already filed, no one knows. I suggest you talk to a lawyer to evaluate whether you have a decent case under current law. Good luck, Jason
hello
my name is hussain from sri lanka. we came to Canada by tourist visa.
now my visa is ex is finish i am over stay now, can i apply for asylum?
please let me know asap
I am in the US. You need to talk to a lawyer in Canada. Take care, Jason
Since you are in Canada as a visitor on a visa, you cannot change it to an asylum claim, that should have been done when you first entered. As for overstaying your visa, if you are caught you can expect to be arrested, detained, and issued a removal order.
Also, should you come back to Canada, this may be discovered since border officials are able to discover your previous overstay here by simply counting the days between your last admission to Canada and the next date in which you entered another country as evidenced by a port stamp in your passport. This could easily complicate your re-entry to Canada as the officer might conclude that you are not likely to comply with any time limits that might be imposed on your stay. As such, you will be denied re-entry.
My suggestion, leave the Canada for a while, and if your country qualifies you maybe able to return to Canada and claim asylum. I don’t recommend you mess up any future opportunities by overstaying much longer. Also, you could have filed for an extension on your visitor visa, rather than going over it.
Hi Jason I am a Kurd living in Turkey and I feel unsafe because of 3 factors
– I am against Islamic laws and orders
– The society is racist against us as a whole and we do not have the same acceptance
– I am a critic of Erdogan
and I will turn 20 and have to do Military service there and I do not want to do the military for erdogan and for the turks what can I do? Can I seek asylum in the states? thank you!
If you were in the US, you could apply for asylum, but this sounds like a weak case. Objecting to military service is generally not a reason for asylum. The other reasons might qualify you, if you have been threatened on account of those issues. Take care, Jason
Sir, my brother has a pending assylum case in USA and I want to apply for study visa in Canada. Can I apply for this? What are the chances of refusal on the ground of my brother’s pemding assylum case?
Hello,
I’m a Pakistani, working and living here in UAE on a 3-year Resident Visa. I have severe security threats from organizations in Pakistan and it seems quite little that my visa will be renewed. In such case, I will have to go back to Pakistan.
What will be the procedure if I want to claim Asylum in Canada, rather than going back to Pakistan ?
Thanks
Sorry, I am in the US and cannot help with Canadian asylum. You should contact an attorney there. Take care, Jason
hello Jason . i need some information. i am going to apply for asylum in us with visitor visa with 2 children for domestic violence from my husband. since my husband in my country is a policeman i cant go in the police station for the violence. my question is
if i apply for asylum in usa i have to get divorce from him or not.
the second he also has us visa visitor so during my process if he comes in us is there any problem for me.
thanks
You do not have to divorce him to apply for asylum, but it may add to the credibility of your case if you do. If he comes to the US, it could cause problems for you – he might try to get custody of the children or he might harm you. I do not think it would affect your asylum case though. Take care, Jason
Hello Jason,
I have a question regarding the Safe Third Country Agreement. What happens if I land in the US on a US visitor visa and spend a couple of days there, then fly to Canada on a Canadian visitor visa and apply for refugee status in Canada? Would the STCA apply? meaning the Canadian authorities will reject my refugee claim?
Best,
Maybe – You should contact a lawyer in Canada to be sure about this before you travel. If it does apply, it will create a real mess. Better to know that ahead of time so you can plan accordingly. Take care, Jason
Thank you very much for the reply. My understanding is that this agreement applies only when someone claims refugee on land crossing border between USA and Canada, it does not apply to claims made at airports. Please look at the following link http://www.cic.gc.ca/English/department/laws-policy/menu-safethird.asp
Best,
Sorry – do not know. I still recommend you talk to a lawyer in Canada before you make the trip. Take care, Jason
hello Jason.good day,am a military officer in Nigeria and presently fighting in the north east. against boko haram terrorist and presently I am am feeling my family is not safe being in the country cos I believe likely threat due to the terrorist. please I would like to move my family to USA for asylum. please give me directive…or rather if Canada is where u have much knowledge about ,please direct.
thanks…joe
I do not know about Canada, but in the US, they could possible request asylum if they are threatened due to your military activity (technically, the category for protection is “particular social group,” and this group is your family). One point: military officers receive a lot of scrutiny in asylum cases, and so if you wanted to join them in the case, it could be very slow. Also, our asylum system in the US is very slow anyway, and it will take a few years for them to move through the system. During this time, they can mostly live and work here, but it is still a long period to wait in uncertainty. Take care, Jason
thanks Jason…I really appreciate your work.
joe
Hi Mr Jason ,thanks for the jobs u do for many of us.I am scared to get entry denied at the POE.My relative applied asylum three months ago and
I am planning to visit US for the second time .but I have a bit concern on whether the asylum application of my younger brother can push the CBP at the port of entry to refuse me an entry .could CBP get to realize that I have a relative who is asylum seeker at POE.
Probably this will not be a problem, but it could, so you should be prepared to answer the questions, explain that you are not seeking asylum, and provide some evidence that you plan to return to your country after your visit to the US. I really doubt that you will be questioned about this, but if they do ask you, it means that are aware of your brother’s application, so you should do your best to answer truthfully, as your answers could affect your ability to enter the US and also affect his asylum case. Take care, Jason
I have visitor visa of USA under categories of B1/B2 while I have also visited USA. Now I want to visit Canada and intend to apply asylum there. Please, give me your opinion at your earliest convenience.
Thanks and regards!
Rakha Masih
If you are in the US and then go to Canada, it can be a problem for you. If you are traveling from some other country to Canada, it should not be a problem if you have a US visa in your passport. However, I recommend you talk to a lawyer in Canada to be sure. Take care, Jason
Hello Mr Jason
I plan to apply for visa USA as I want to come for a one week training, I was in US in May I stayed a week, however my sister came to USA three months ago and she is seeking asylum and she did not mention my name in her asylum application ,do I have to mention her on my visa application? I am living abraod in Netherlands, can embassy here get to see if we are relative while she did mention me, but she mentioned our parents both on her visa application at embassy in my homecountry and in US for her asylum application. And I ll mention the same names of parents.thanks
I think you should mention her in your application and she should amend her application to include you. The government seems to know a lot about people, and if they see that you or she is lying, they will deny your visa and/or her asylum. If you do not mention her (and she does not mention you), you risk losing the application and she risks losing the case. Maybe you will get away with it, but remember that there will be future contacts with the US government (green card application, citizenship) and if the lie is exposed at any time, it can cause big problems. Take care, Jason
Thank you for your kind response I ll then add her on my application ,however it ll probably affect my application in a negative way.
Hi
I have been granted asylum in US in 2004 and after a year I applied for my green card. My application is on hold becuse of material support provision of INA. Recently I got an e mail from Immigration telling me that my application is out of hold and is being processed. However, six months have passed and I have got no news from Immigration. It seems that like thousands other muslim applicants i have been put on CARRP. The Controlled Application Review and Resolution CARRP is a covert program that the US government started in 2008. Once an applicant is put on CARRP program, he/she faces long USCIS delays in the best case, and in the worst , recieves a USCIS denial without prior notice, stated reason or legal authority. I am an Afghan Citizen and my wife is a US citizen who has a brother in Canada. I would like to know if I may have any chance to reapply for asylum in Canada since I have been waiting for my greem card for more than 8 years.
This is a good question, but I do not know – you should talk to a lawyer in Canada. The situation is pretty bad for Muslim applicants (the ACLU did a comprehensive report on this called “Muslims Need Not Apply” – you can Google it if you have not already seen it). Good luck, Jason
Hi, I live in Turkey. I want to make asylum to Canada. My plan is to go there with tourist visa and then do it. My reasons are that the government hates non beluevers and i am an atheist. The country is becoming like Iran. Also I am a Kurd and the governent is being racist to us. I dont want to live under a totalitarian racist and islamic fascist government. I have just graduated from college and i am fluent in English. Would they accept my reasons for asylum? Thank you.
I do not do asylum cases in Canada, only the US. Maybe contact a lawyer in Canada to ask. Take care, Jason
Please just tell me what you think, sir.
I think you should talk to a lawyer in Canada.
Okay then, what about if I do the same thing in USA? 🙂
I think you do not have an easy case. Unless you were harmed or threatened, you will have to show that atheists or Kurds all suffer persecution (a “pattern and practice” of persecution). Maybe this can be done, but I think it will not be easy. Anyway, I do not know much about your case, and if you have a lawyer help you, maybe he or she can learn more about the case and come up with a good basis for asylum.
Hello
I m from Morocco,I m recently in Japan as a tourist and planning to come to USA without visa and ask for refugee at the airport. Because I converted my religion, i have been beaten in my head and went to emergency and had an operation in my head, now many people from my family are threatening me and if I go to report them in police I will go to jail due to that conversion,even the person who bit me never went to jail. I need help please! I don’t want to be deported at airport I don’t want to go back to my country
Without a visa, I do not know how you will even get onto the plane. If you do get here, and you ask for asylum, you will likely be detained, at least for a while, but you will not be deported until you have a chance to present your story. If you have a visa to the US, it is better to enter the country and then seek asylum (this way, you will not be detained). If you must seek asylum at the airport, it is a good idea to have some evidence with you (and also to scan the evidence and have it in your email, in case you lose it). Take care, Jason
Good Day Sir,
I live in Alberta, Canada and my brother wants to come to file asylum here from US, which Canadian borders are easiest to come through if someone wants to file an asylum here in Canada. Also would it be easier for him, If I just go there by car and bring him over ? thank you so much
I do not know about that. I do think he should talk to a lawyer in Canada before he tries this, to make sure he is eligible to seek asylum in Canada. Take care, Jason
Hi sir ,i am a Cameroonian fleeing from political sessetional problèmes in My country. I was accused for militating with thé sessesionists and leading a youth movement fighting for this separation and so many times convicted and treatened to dead.un thé coure of fleing for My life i now find myself un ecuador where i have recently obtained a visitors visa to Canada and i intend to seek My asylum from thé port of entery. How can i go about it?
I cannot assist with asylum in Canada – you need to talk to a lawyer there (I am in the US). I do note that an accusation that you were involved in “fighting” can negatively affect an asylum application in the US (and probably in Canada too), and you may need to explain exactly what you did, and offer evidence, in order to obtain asylum. Take care, Jason
Hi Jason Dzubow thank for your effort to answer all questions its really appreciated
I am from Iraq and I have been threats to many times by ISIS because I helped some government soldiers as a volunteer,
recently I got visitor Visa and I want to apply for asylum in Canada.
I have applied for visa to attend training courses on 15 November 2016, but I want to come earlier than it because of threats,
My question is how can I apply for asylum in Airpot Port Entry at The Canada Border Services Agency,
what is needed and how is process, and how long it will take at the airport to let me in,
I am in the US and I do not know about asylum in Canada. I suggest you contact a lawyer there before you travel. Good luck, Jason