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.
Hi Jason
I am in Canada and want to come back to USA. Can I come back. As we did not cross the border intensional our luggage is still in hotel in belhangum. We want to come back as USA is the best place to live. We were so afraid when police caught us. We told them that we want to go back and they said that we can deport you back to your country. We took asylum in usa and when they asked us here that do u want to go back or take asylum so we told them ok we will take asylum but can’t go back as we have life threatening there. Please tell me can we come back. Plz help me what to do. Please reply back. It’s our 3rd week here. Please help me plz. We don’t want to go in jail.
Sorry, I do not understand your question. If you are an asylum seeker who left the US and went to Canada, I do think you risk being arrested if you try to re-enter the US. Maybe talk to a lawyer before you try to come back here to see what can be done. Good luck, Jason
To the asylum seekers, at present our Prime Minister seems far more interested in his image as kind heart-ed soul than he is in looking after the unfortunate people of our own nation, here in Canada. That image can change support for any leader in a hurry. Since Canada is a democratic country as well as the USA do not be surprised if someone with ideals like Donald Trump ends up our PM before long. In fact there are a couple of candidates running for the Conservative party at present who HAVE ideals much like Trump. So contrary to what many people may believe freedom in every thought and deed (good or bad) is a very elusive hunt. The people of Canada are by enlarge good people but if taken advantage of, can turn on those who would do so. Those who come to Canada will have many challenges putting a life together, including scrimping and saving everyday, for a long long cold winter.
Regards -Six Generations Canadian
Arthur Schlesinger wrote about this in the US – the cycles of American history. The pendulum swings back and forth. If you get your own Trump, I hope he will at least live in the fact-based universe. Thank you for the comment, Jason
hi jason. if someone case is refused from asylum office and reffer to immigration court. then he is eligible to file asylum in canada or not? there are four exceptions you mention but after refusal from asylum office and he has no family relative in canada so can he eligible for asylum in canada. thanks jason
I do not know about Canada, but talk to a lawyer in that country before you try going there, as we have seen people try to go there, get rejected at the border, and then get detained in the US. Take care, Jason
As a Canadian I find this thread very frightening. All of a sudden everyone thinks Canada can absorb all of the US asylum seekers. I do think Canada is very welcoming but we also reject many asylum seekers. Currently many refugees are living in shelters with homeless people because our resources are so strained. I would recommend that people don’t make rash decisions especially if they haven’t been refused by the US.
I agree, but I think in many cases, the decision to go to Canada is fueled by fear and desperation. It will be difficult to convince people not to go there. Take care, Jason
Hi there i am Sri Lankan and asylum seeker in UK since 2013. almost home office refuse my cases in hearing and admin review and i’m at last try to go to high court. I’m suffering from Post Traumatic SD since 2009 due to my local war and some unfortunate incidents. still i’m continuously taking medicine and sleeping tablet as doctor advice. I have no clue about my case. could u tell me can i apply for asylum in Canada while i’m here in UK. or can i apply for colleges or UNI in Canada? i would like to study to change my mind but my asylum case disturbing me very much. i feel terrible about my situation i feel to suicide sometime(i tried in the past in UK,my friend saved me). please advice me to find some good solution. i need peace my friend unless i need to find myself to be peace!! save me please!
I am in the US. You would need to talk to a lawyer in Canada about that. Take care, Jason
My wife and three kids left my country for fear of family persecution and female genital mutilation on her and my daughter because of intertribal marriage and came to the United States. I came to the US and my wife filled for asylum as the principal applicant while I and the kids are dependants. We have disagreements now over little issues. I want to seek a divoce and also remove my name from the asylum application and have my American citizen wife fill for me. Can this be possible? And what is the likely impact on my wife’s application and the kids.
If you divorce the principal applicant, you will no longer be part of the case. If you then marry a US citizen, you are probably eligible to get your GC through the marriage, but talk to a lawyer to be sure. How your divorce will affect the asylum case, I do not know. If the case is based on your tribe harming her because she is your wife, I imagine that the divorce may weaken the case. Talk to a lawyer about the specifics of the case to know more and to think about how to address this issue. Take care, Jason
I read a few of the posts and am baffled. Doesn’t anyone read the news? All you have to do if you are an asylum seeker seeking to claim asylum in Canada is just walk across the border, and avoid the official Canadian/US border crossings.
I would be careful about that. Just because some people did it does not mean that everyone can successfully do that. There is a risk, and in my office, we have met a number of people who tried to get into Canada but who were rejected and returned to the US, and sometimes detained upon their return. Take care, Jason
Actually would-be asylum seekers are crossing the border into Canada from the US. They are denied entry under the STCA (with several exceptions) if they present themselves officially at a border crossing and attempt to file a claim with Canada Border Services. So, what they are doing are just walking in but not at the official border crossings and once they plant one foot on Canadian soil they are allowed to make an asylum claim with the requisite appeals process, if necessary. Several provinces provide legal aid, some do not. Put Emerson, MB into google search and you will see what I am talking about. The CBC had a story recently about a former NYC taxi driver in the US for ten years who attempted to cross for the purpose of seeking asylum. He made the mistake of first crossing at an official border crossing then when denied tried just walking in. He is being deported because one can only make one attempt at asylum. If he had first had only just crossed but not at an official border control the RCMP and authorizes would have been obligated under asylum law to hear his case. I am not an asylum seeker, I am one of the unfortunate taxpayers in Canada that will be paying for all this. Personally I think the 1951 Refugee Convention and the 1967 Protocol needs to be rescinded. It was written in and for a different era. The refugee industry is big business with the UNHCR, NGOs and of course asylum lawyers all profiting. Here is the link-
http://www.cbc.ca/news/canada/montreal/mamadou-safe-third-country-agreement-immigration-border-court-1.4023928
Thank you – I have heard about this, but nevertheless, I will continue recommending that people considering going to Canada talk to a lawyer there first, as I do not know the subtleties of Canadian law (or even the obvious stuff in Canadian law) and so I cannot give advice about that. Also, while I agree with you that the asylum system should be reformed, I don’t accept the argument that it is “big business” for various agencies and lawyers. The agencies I know are stretched thin and are not getting rich off asylum seekers or refugees, and at least speaking for my own business model, I am not yet raking it in like I wish I were. Take care, Jason
Hello Jason,
Thank you so much for all your guidance to people like us. I am in the US with pending asylum case since 2013. I am the primary applicant and my wife is also included in the application. If we apply for Canadian PR (through the skilled migration program) primary applicant being my wife, will it have any adverse effect on our asylum case over here in the US. Thank you.
If you are granted some type of permanent status in Canada (or any third country), you will become ineligible for asylum in the US. Take care, Jason
It seems everyone has some hair brained tale to tell.any excuse to claim refugee status. The term is eng abused by queue jumpers and schemers. Canada does not need schemers and desperado. People should simply apply for immigration and be judged fairly on their admissibility to canada. Enough long tales of woe. I smell selfserving, self-interest and enough twists of the truth to make me queasy as I reason many of the requests above.
There are certainly many fraudulent cases, but there are also many legitimate cases. The question is, how do we get rid of the bad while still protecting legitimate asylum seekers. It is a tough question. Take care, Jason
I’m an Afghan citizen seeking asylum in Canada. My uncle is living in Canada and I hope I can cross US-Canada border based on exception rule. I would like to know if my hearing failed, am I eligible for appeal hearing considering my claim registered in border? I heard there will be no appeal opportunity if claimant registers his claim in US-Canada border. Pls advise if it’s correct. Thanks
I am in the US. You need to talk to a lawyer in Canada about this, and if you are currently in the US, you should talk to a lawyer in Canada before you try to go there, as you risk being deported back to the US where you could be detained. Take care, Jason
Hi Jason, I came to the US with my husband and sons in 2012 on a visitors visa from India but before coming to US I stayed with my brother in Canada for four wks. My son is deaf and mute and this is the reason we did not file asylum in Canada as we got to know that Canada does not accept deaf or mute immigrants. We filed asylum 2.5 yrs after staying in US, we hoped to go back to our country but situation worsened for us. Extremists opposing me destroyed our house and our. Is the ruling party in my country and then we finally decided to file for asylum. We maintained our legal status throughout our stay and were not aware of third-country agreement. My sons Indian passport has expired and can’t be renewed due to our pending asylum in US, however we have multiple entry Canadian visa:( I will find out a lawyer in Canada but do you think it’s safe to go to canada border (should we apply for parole? What happens if it denied) and apply asylum considering that we entered canada before and I have my real brother who is a citizen? Still not sure if they will accept my dear n mute child. Too confused if should wait for my hearing or apply in Canada. Also, Wild the US asylum office reject.my case for coming through Canada? Can I then file in canada and continue heruntil then?
It is unclear to me what you are asking. It sounds like you have an asylum case pending in the US, but now you want to go back to Canada to seek asylum there instead. Given the info you provided, I cannot tell the likelihood of success in your US case, or what the advantage of filing in Canada would be. If you prefer to return to Canada, you should talk to a lawyer there before you try it, as your asylum case in the US may impact your ability to file there. Take care, Jason
Hi
I came to the U.S in 2001 and applied for asylum which was denied.A removal proceeding has beeing entered against me and a deportation order has being finalized since 2004
I did not leave and stayed in the shadow since then…
Now,with this new administration I am fearing been arrested,detained and deported.
I am thinking about sneaking up north and ask for refuge there.
Could I have any luck? if refused ,could my canadian fiancee and I get married so we change the case to family sponsorship? f
You should talk to a lawyer in Canada about these questions (I am in the US). If you have a Canadian fiancé, maybe that would be your best bet, but talk to a lawyer in Canada to be sure. Take care, Jason
hi i came from ethiopia this jan by marriage visa but still waiting for my green card n i have i fear to live here in z states n i just wann to leave z states n enter in to canada to ask for.an asylum does.it work for me?
I am in the US. You should talk to a lawyer in Canada before going there because not everyone is eligible to go from the US to Canada and seek asylum, and you could face deportation from Canada and then detention in the US. Take care, Jason
Not to worry. Canada will not be deporting failed “asylum seekers”, who enter from the US., back to the US.
They’ll be deported to the country they’re a citizen of.
Maybe, but we have seen Canada deport a number of people back to the US, not to their country of origin. Take care, Jason
If they send me my origin country ?
I do not know whether Canada would deport you to your country; I have only seen them deport people who traveled through the US back to the US. Take care, Jason
Hello dear jason
I came from iraq 6 month ago , on December of 2016 I applied asylum and I received a mail from immigration whic stated that your request has been received so you can remain in usa until the judge make a decision about your case and if you want to go outside of usa please inform us before 10 days , so can you advice me , i have to wait here until the judge make a decision or go to canada to seek asylum there , i am afraid these excutive orders have affect the decision on some cases like my case , i would very appreciate it if you could answer me .
Yours sincerely
There are restrictions on going to Canada, and we have seen people try that, get rejected at the border, and then get detained in the US. Before you try to go to Canada, contact a lawyer in Canada to make sure you are eligible. Take care, Jason
Hello Jason ,I am Living in US ,holding Tanzanian passport living for almost 15 years ..I came here with my husband on visa for medical treatment ..we had to overstay as his treatment was ongoing and we didn’t have good doctors in our country ..we were in and out of hospital until last year he passed away .. He had cancer..I have a daughter who is 13 years old..with all immigration chaos going around , I m scared for my daughter and me …we have just gone through alot all these years with my husbands disease and demise and now all these ..it’s really affecting us…please advise if we can get asylum in canada if anything happens..
I do not know about Canada – you should talk to a lawyer there. You potentially could apply for asylum in the US, though you will face an issue with the one-year filing requirement (you are supposed to file within one year of arriving here). There are exceptions to that rule, and maybe you can meet an exception. If your daughter is a US citizen and the government tries to deport you, you could be eligible for Cancellation of Removal. I recommend you talk to a lawyer about your options here before you try going to Canada. Take care, Jason
Hi. Have a question for you and hopefully I could get a quick response. I have a daughter with epilepsy. She was diagnosed with a severe type of epilepsy since she was 5 months old. My daughter and me are Mexicans and both of us were born in Mexico. The father of my children left us when my baby started to have the seizures. I came to USA in 2007 with the only purpose to get better medical attention for my daughter because in Mexico I was so frustrated she couldn’t get any help at all. Since I have been living here in America my daughter had received medical treatments which some of them had work and some others didn’t work. Two years ago she went through the Corpus Callosotomy and this procedure helped her to chance the type of seizure. For me is a blessing living in USA because my daughter can receive medical attention. It doesn’t matter I have been treated many time bad and I have felt miserable. Lately with the new presidency in USA I am feeling so scare to be deported to Mexico and again come back to my country where clearly we left it looking a better life for my daughter. Can my daughter, me and the family I have made in USA apply to receive political asylum in Canada? Thank you!!
Before you go to Canada, you should talk to a lawyer there, as you could be detained upon arrival and returned to the US. So you need to know if you are eligible to do that. Also, you may be able to seek asylum or other relief (Cancellation of Removal, maybe) in the US, so you might want to look into that before you leave for another country. Take care, Jason
Hey my asylum application was denied but jump to the Canadian border and I got approved in Canada so can I coming back to the USA
Maybe – If you are a Canadian citizen, probably. Otherwise, you may need a visa to come to the US. Take care, Jason
One more thing, I have final order deportation in USA, so are you saying that as long as I’m Canadian citizen I should be ok
If you have been deported from the US, there is a bar to returning (10 years) even if you are a citizen of Canada. You may want to have a lawyer in the US review your case to see when/if you are eligible to apply for a visa to the US. Take care, Jason
Hello,
I am enquiring as I am a student writing a report on unaccompanied asylum seeking minors. What law protects these children in Canada and defines their rights when accepted to live in Canada?
I am in the US and I do not know about Canadian law. You would need to contact a lawyer in Canada. Take care, Jason
Please…I am from Nigeria originally, got married to America citizen,I have my 2years green ,in the process to removed the pentition for 1year now.they keep sending letter that they need more prove, which I did I even went for an interview with my wife,now I received another saying provide more prove within 30days, can this results to my deportation
I can only assist with asylum cases here. In the situation you describe, I highly recommend you talk to a lawyer to help you respond to the letter. Take care, Jason
Hi,
My wife was working for an American based company in Pakistan. The company winded up due to security reason last year. Now my wife was also working as an social worker side by side with some NGOS and she was working for women’s right. We lived in Islamabad near lal Masjid. People so called molvies started targeting her for fighting for ladies and women’s right. They even torched her and now she is meantly I’ll she forgets things takes sleeping pills to sleep. We came to USA and filed asylum. Now we want to move to Canada can we get asylum there.
You should talk to a lawyer in Canada before you try this. There are restrictions on people traveling first to the US and then going to Canada for asylum. We have seen people go to Canada and get sent back to the US and then detained, so talk to a lawyer in Canada before you try to go there, to make sure you are eligible. Take care, Jason
Hi plz reply me
I’m Atif from Pakistan. I have a wife and only 1 son. Me and my family have a life threat from the mafia in my city . A lot of people are joined to this mafia.
They have tried to kill me and my family several times in road accidents. They have beaten me several times. They have broken my hand, my jaw, a teeth and my nose. They have contacts everywhere. They gave me poisonous food due to which I have severe allergy. They accuse me, my wife and my only son of illegitimacy.
and torture us by giving abuses and making noise day and night. we cannot sleep properly. I have become a psychological patient and use psychiatric medicine. I have reported police several times but they donot do any action instead they donot even give me the photocopy of the report I submit it to them.
My car has been stolen. They mix dirty things when I buy food from hotels.
Please suggest me that can I apply for asylum in Canada or somewhere in Europe.
Kind Regards
I am in the US and I do not know about asylum in Canada or Europe. You should talk to a lawyer in the country you plan to go to. It does seem to me that this is a reasonable case for asylum, but you would need to talk to a lawyer in the destination country. Take care, Jason
while having a pending asylum application in USA, If I apply asylum in Canada and is rejected what will happen to me and my asylum application in USA?
If you leave the US without Advance Parole, your asylum case will be denied. So I suppose if you go to Canada, your asylum case here will be denied, but I guess it depends how long you stay in Canada and whether you return to the US to pursue your case. Take care, Jason
Hi thereI’m originally from. Pakistan and on asylum case but it’s pending since 2009 and now I want to move to Canada I have 2 brothersuit who are Canadian Nationals…do you think I can take asylum in Canada…and also do I have to withdraw my application from USA
Many people are considering and trying to go to Canada. We have seen people who tried to enter Canada, got rejected at the border, and were detained in the US. I recommend that you talk to a lawyer in Canada before you try to go there, to be sure you are eligible to seek asylum in Canada. I do not know whether withdrawing your asylum case in the US will make any difference in terms of Canadian asylum. Maybe a lawyer in Canada would know more. Take care, Jason
I am an Afghanistan citizen, what If i fly through Canada to USA, and i stay on the airport of Canada as a transit and I do not fly to USA, because I want to stay and live in Canada due to my life threat in Kabul. will Canada will allow me to live in Canada.
Maybe, but I do not know about asylum there. Talk to a lawyer in Canada before you try to seek asylum there. Take care, Jason
My asylum was denied and appealing to supreme court which also the denial when coming out from detention after paying bond,can I go to Canada to seek for asslumy cos iam under order of supervision or deportation
You should talk to a lawyer in Canada about your eligibility before you go there. Take care, Jason
Hi Jason,
I came to the US and applied for asylum one year ago and its still pending and am one of the seven countries who were suspended by Trump. The case is I was investigated by the US during my work as Huamanitarian Aid workers in some of these countries and all my belongings were searched but nothing found, I was really persecuted by the US do you think is there is any chance to apply for Asylum in Canada border or whats happened might risk my asylum in the US, Thank you
Maybe, but you could also be turned back at the border and detained once you get back to US immigration. Talk to a lawyer in Canada before you try this to see whether you are eligible to seek asylum in Canada. Take care, Jason
Hi Jason,
Is an uncle in law included as a family member exception?
Thank you,
Ines
I have no idea. Talk to a lawyer in Canada and maybe they can help you with the question. Take care, Jason
hey,jason,all what i see from your replies to poor people who ask you about their cases is I dont know,or i have no idea.. or maybe wtf do you know anything?
libertytransllc@gmail.com
I don’t know anything. Maybe you should try a different website.
I am from Pakistan l am baluch
5 month ago I com USA I want Asylum but after Trump I want move to Canada for Asylum can I will get Asylum in canada
Maybe, but you should talk to an immigration lawyer in Canada about whether it is possible before you go. We have seen people try this and get rejected by Canada, back to the US, where they are detained, so be careful and talk to a lawyer in Canada before you try this. Take care, Jason
Hi there..!
Iam from sri lanka..! I have been to canada in 2008 with my ma family..! And my dad made seeked asylum there..! But they took my finger prints as well..! I was just 14 yrs old when this happened.! Iam married now.. Even i have a child. Iam in A presidential post in social group (youth muslim welfare society) iam having threatenings from some buddhist bhikkus…! Even i was beatened by some sinhalese ministers..! Even i have police complains.. They totally took their side..! Iam thinking of ma child and wife..! Its ok even i die..! But i want them to live..! Is there any way to seek asylum in canada.? What should i do..! I dont even know why my dad was seeking asylum cuz i was small at that time..! Will it effect me and my family??
I am in the US. You would need to talk to a lawyer in Canada about asylum in that country. Take care, Jason
My husband has been falsely prosecuted and has been extorted thousands and thousands and we fear for his life become theeven was a target put on his back. How best can we do this.
Hi, I’m an American and I married a Zimbabwean man 6 years ago. We have 2 children togther. My question is would it be possible for my husband to seek asylum to Canada from Zimbabwe. We don’t want to separate our family.
I am in the US, you would need to speak to a lawyer in Canada about asylum in that country. Take care, Jason
Hello, l already have a child in Canada studying as an international student, things got really bad between me and my husband, that I want to seek for asylum in Canada. Question is, is it advisable to seek asylum in the province where my child is or I can seek for asylum anywhere in Canada. Thank you.
I am in the US. You would need to contact a lawyer in Canada to ask about this. Take care, Jason
Hello my name is Christine and I want to know how my Family and I (me,my husband,and four kids) can seek asylum in Canada coming from the USA? We are not only an interracial couple(Iam white/Italian Scottish and my husband is Afghan) but my husband is Muslim as well. The events in this country are disgusting to say the least and disturbing and I honestly fear my Husband and children’s lives. Iam scared to say the least. What can I do? I do not in any way agree with what’s going on in this country and it is again scary. The ignorance of people has made them violent and harass. Iam beyond worried please help.
As discussed in the article above, there are restrictions on seeking asylum in Canada if you are coming from the US. You should talk to a lawyer before you try to go to Canada, as I have seen people who tried to go to Canada, got rejected at the border and returned to the US, and then they were detained by the US. So check with a lawyer in Canada before you try to go there. Take care, Jason
Hi Jason,
I am from Iraq and I have been in the USA for 5 years to study PhD there. I graduated in Augest and went back to my home country in September 2016 with my wife and two US citizens kids. Now, I feel worried about my kids in Iraq. Is it possible to seek asylum in the USA and how long it will be take to grant it?
Please Let me know your suggestions
Thanks,
Ahmed
You can apply. Trump’s orders on immigration may affect you, but since cases take several years, the orders may be finished by then. You can check the Asylum Office Scheduling Bulletin (a link is at right) to get some idea about wait times until the interview. And realize that for many cases, especially cases from Muslim countries, there are often long delays after the interview as well. Take care, Jason
Thanks
Hi Jason, is it possible that I can be granted asylum in Canada? From Guyana? My husband threatened to kill me on more than one occasion. He even broke a finger and caused bodily harm. Thank u!
You need to talk to a lawyer in Canada. In the US, at least for now, domestic violence can in some cases be a basis for asylum. I do not know about the law in Canada, so talk to a lawyer there before you go, to see whether you are eligible. Take care, Jason
hi Jason,
I filed my asylum case in USA last year in August with my wife and four children.Now since Mr.Trump came we are worried about our future staus to live peacefully in the country where people are talking about religion and color.We came here with a hope to save our and our childrens life and future but things seems going in a wrong way.
My Attorney gave me a good hope that not to worry but I blve who ever will be on my place thinks a lot and such things are affecting on me and my wifes health kids are very young.I have a niece in canada do I have some hope to move there.Please guide me.
regards
fiaz
I filed my case in August 2016 for asylum here in USA
I happen to think the asylum system will survive Mr. Trump, so I do think you can continue here. But I also understand your stress, as many people are feeling this and for good reason. There are restrictions on seeking asylum in Canada (as discussed in the article above) and so you should talk to a lawyer there before you go. I have seen cases where the person tried to go from the US to Canada for asylum, but they were rejected at the border, sent back to the US, and detained in the US. You do not want that to happen to you, so talk to a lawyer in Canada before you try to go there. Take care, Jason
HI
iam from Canada and I have a relative detained in USA immigration detention for almost 2 years because he has illegally entered the US over the mexican border. they refused to grant him asylum and he is currently on removal order. is there any way i can assist him to be be deported to canada instead of to his origin country which is a war torn area as he fled prosecution.
please give me an idea of how i can sponsor him to take him out of the detention and subsequently bring him to canada.
Unless he has lawful status to live in Canada, I do not know how you can do that. Perhaps he can get deported to a safe country, and then apply to immigrate to Canada? He would have to talk to a lawyer in Canada about that. Good luck, Jason
Hi Jason,
i am a zimbabwean citizen and i want to go to canada and seek assylum at the port of entry(airport).this is due to upcoming elections where the ruling party is running for the seat again and in previous elections i have voted for the opposition.i have been threatend about voting for the opposition before and most notibly recently,bassically if you are not black then you are on the oppossing side of the ruling government.as many people know zimbabwe has a nature of political violence before and during elections done by intimidation,beating and in serious cases decapitating.there is bassically no human rights here,you will get arrested if you express how you really feel or just say anything against the government.the economy has been unstable for quite some time and the future does not look bright,i bassically feel that my wife and child are not safe including myself,are these grounds for seeking assylum?your opinion will be appreciated.
I am in the US, and so you should contact a lawyer in Canada to ask about that. My guess is that a political case would be a good case in Canada, but it depends on many factors, and a lawyer in Canada could advise you about that. Take care, Jason
Hey Jason,
I have asked a few questions on your website before, sorry to keep bothering and thank you for answering our questions.
I applied for for withholding of removal Under the Convention Against Torture. I have been persecuted for my sexual identify and political opinion.
I’ve been leaving in the United States for years now and the state is rather conservative. I moved here due to my distant relatives years ago, however, they couldn’t properly support me so i moved to a city nearby with my $70.
My asylum case was referred to immigration judge after 3 years of waiting. The officer was biased and it took him 2.5 hours to interview me. I am not sure which answer he didn’t like, but considering that the approval rate of the Texas office is 22% speaks volumes.
Trump has been signing executive orders on a daily basis, I don’t think that even pending asylum seekers have a chance to make a progress in US. The MAVNI program has been shut down as well. I am not sure what to do… My EAD renewal has also been transferred to a different office and they are always late with printing the document.
The fear and mixed emotions are rather brain damaging.
Thus, taking into consideration my sexual identity and current administration, do you think I am eligible for the safe third country agreement exception?
Warm regards,
A
*living
The safe third country agreement is an agreement between Canada and the US, and so maybe you are planning to leave the US and seek asylum in Canada? If so, the agreement would apply to you. You should talk to a lawyer in Canada before you travel to see whether you meet an exception to the agreement and whether you might be eligible for asylum in Canada. Take care, Jason
Dear sir
Does president trump executive order effects on asylum pending application for iraqi people who are living in usa
I wrote about this in a blog post on January 27 – please take look at that; maybe it will help. Take care, Jason
Hello, i reside in Nigeria with my family. i am seriously thinking about my family seeking asylum in the US as my daughter is a US Citizen and we are been threatened by our extended family that my daughter has to be circumcised (Female genital Mutilation) according to our customs and traditions. i am seriously against it as i have reported it to the police , but they have not done anything as not a single arrest has been made. i fear for the safety of my daughter as she is barely 3yrs old. it is important that i also mention that my elder sister had to also run away from Nigeria and has been granted asylum in the UK because members of our extended family also wanted to abduct her for circumcision. i dont mind if my wife leaves with the kids (a Boy and a girl) as long as they are far away from here where she cannot be hurt . please advice
You can only apply for asylum in the US if you are physically here. If the main reason for asylum is that you fear FGM for your child, that is a basis for asylum, but only in certain parts of the US (different courts have reached different conclusions on the matter, and these courts have jurisdiction over different parts of the US). I recommend you or your wife talk to a lawyer before applying for asylum. Also, if your wife is a victim of FGM, that is a basis for asylum in the US. Take care, Jason
Hello!
I am singer from pakistan , I am actually felling danger just because of Taliban attacks in peshawar pakistan specially they targeted artist in peshawar some of our artist goes Dubai , Malaysia, USA, Uk and other countries and start there life there. May I apply for asylum for usa
You have to be present in USA then you will be able to apply for asylum far as my knowledge is concern you cant apply for asylum from out of America
If you are present in the US, you can apply for asylum here. Unfortunately, artists are often targeted by extremists, and it sounds like you may have a good case. Take care, Jason
Hi there,
Long story short,
I am stateless and live in Turkey. My family originally were from Greece but we lost our citizenship 1986. I have a document from greece that We were a Greek citizen. Anyway My parents got divorced and my father turned back to Greece and he took back his greek Citizenship. And he sent me some documents to prove my relation with my father. I tried to get a visa and apply to the greek citizenship. But they don’t even care about us and not taking visa application. So I have a US visa with alien travel document. I traveled to US many times and worked illegally to take care of me and my family . Always turned back to Turkey never over stay. I know that it is really hard to get resident card in USA. I never thought to stay in there. So I have lots of problems in Turkey. I apply to work to jobs but nobody wants to give me a job. I graduate from University in Turkey but I cannot even make the job interview. just friends give me job. Even I work under table in Turkey. Also I can get Turkish citizenship but ı need to be working at somewhere or ı need to pay money for freelance worker . So I am not going to spent my short money for nothing. So is that a case to apply to Canada as a refugee. Thanks
I am in the US, and you need to speak to a lawyer in Canada about whether you have an asylum case there. You have not listed anything in your story that indicates to me that you would have a good asylum case in the US. You may want to talk to a lawyer in Canada about asylum and ask about other possibilities as well. Take care, Jason
Thank you sir.
Hi there
i don’t if this is the right place for this question but i am gonna ask anyway,
i am pakistani originally,i was born and been living in saudi for whole my life,also denied citizenship right,along with my other 9 family members,there are no future prospects,and since i don’t know anyone back in pakistan,going back isn’t really an option and i am 24 and oldest of my siblings,our father is abusive and i kindda got in his face ever since became adult,so that he couldn’t beat my mom and my younger sisters,i tried to get independent , but the retarded laws prevent that,i am currently in saudi arabia , jeddah , and hold pakistani passports , i would appreciate any help , it got worse in recent years , my dad stabbed me in my leg…
I am not sure what help I can offer you. If you were in the US, you potentially could apply for asylum based on persecution by your father, but it seems to me that it would be a difficult case to win (since you could just go back to Pakistan and be away from him). Maybe you want to talk to a lawyer in Saudi Arabia to see what options there are for you, or if you plan to seek asylum in some country, talk to a lawyer in that country before you travel. Take care, Jason
can you refer me to a lawyer in canada?….
i really need it ….urgent …..
we had a dispute today and just ……never know whats gonna happen ……
he could might harm us seriously ……
my siblings are minors ….five of them!….i am so desperate….we don’t know anyone in pakistan ….as to stay at their place…we’ll be homeless there…
i would really appreciate your help…
I do not know a lawyer there, but the above article has a link that you can follow to find lawyers in Canada. Take care, Jason
Hi
Im from Afghanistan i applied for asylum here in USA last year its been a year that I haven’t hear back and today i contact them seems my interview will be in three more years in this case can i leave USA and apply for asylum in canada bkz im wasting of time
Thanks
You can ask to expedite your case if you have a reason (health problem, family separation). The local asylum office can tell you the procedure. You can find the Asylum Office contact info if you follow the link at right called Asylum Office Locator. Before you go to Canada, you should talk to a lawyer there, as you may not be eligible since you came to the US first. Also, we have seen people who tried that get rejected at the border and when they come back to the US, they are detained. So you should talk to a lawyer in Canada to see whether it is possible for you to apply there, and you should do that before you travel. Take care, Jason
I talked with the lawyer in canada lawyer there’s not problem as long as your case is not granted
But i have a question what if someone caught by border police and handed him to US police n went to dentention is there any ways he must be sure that he is not deported to his country or what will happen with his pending case here in US-
Can one withdraw his case before going or its fine??
I have some doubts about the advice you got from the lawyer in Canada. Are you sure the advice is correct? Do you trust the lawyer? If you are returned to the US, you can ask for asylum and go through the normal procedure for that here (in court). You can withdraw an existing affirmative asylum case at any time. Contact the asylum office to ask about the procedure. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi I am in the same situation like you. I applied asylum in USA. But I want to go to Canada. Who did you talk to in Canada? Can you give the name of the lawyer? Was the lawyer clear that if not granted there is no problem.
Do we have to withdraw our application before going there?
Dear Jason, Hope you would be fine. I belong to Karachi, Pakistan. I am currently living in UAE on work VISA. We had been threatened several times during 2013, initially through phone calls, while living in Karachi, by unknown extortionists. My car was followed several times and dodged by those unknown persons while I was travelling with my family. We could not pay the money and I was attached on my way back from office. Several shots were fired on my car that damaged my car wind screen and body. Fortunately, I did not get hurt. I have three children (All below 8 years). We became very stressed and unsafe. Since I am a qualified and experienced person, I managed to find a job in UAE and moved here few years back. Kindly suggest, if I am able to obtain asylum in Canada. I have some family members in Canada. Thanks in advance for your advise. Best regards.
I am in the US and cannot assist with a case in Canada. I recommend you talk to a lawyer there. One issue will be whether your case qualifies you for asylum. Typically, you need to show that someone wants to harm you because they oppose your political opinion, race, religion, nationality or social group. Here, it seems that the problem is that someone wants to steal your money. In the US, this would probably not be a strong case, but maybe you can frame it in terms of one of the protected categories. In any case, you would need to speak to a lawyer in Canada about that. Take care, Jason
Dear Jason,
Our case is a lot different than the other cases. I am from Turkey and we have political problems. Me and my wife have worked in Bosnia and Herzegovina. We are belong to one group that our government blame us and if we go to Turkey we will be arrested. We came to sweden last month to seek asylum they accepted our situation but they decided to send us USA. We all have usa visa and they think that US is safety. According to their agreement, they have to send us to USA. We will not appeal their decision because our kid’s passport will expire soon. What do you suggest us, is there any hope for us in Usa as an asylum seeker?
I have never heard of Sweden sending asylum seekers to the US. If you are already a refugee and being resettled here, then maybe that is why they are sending you, but this does not seem to be the case from your message. If you come to the US, you can seek asylum – many Turks are filing for asylum these days – and you would go through the usual asylum procedures. Depending on the situation, some Turkish asylum claims are strong; others are not so strong. I recommend you talk to a lawyer once you are here so the lawyer can evaluate your case and give you some specific advice. Take care, Jason
I want to come at canada .to study there how can i com
I am in the US. You should contact a lawyer in Canada for help with that. Take care, Jason
i am been forced to marry an old man here in nigeria and am just 22 and a graduate,am apply on leaving nigeria to canada as a refugee , is it possible fore to travel to canada without a visa and then make a refugee claim to a border officer at the airport in canada
I am in the US. You should talk to a lawyer in Canada about this. In this, this might be a difficult case to win, but I do not know the likelihood of success in Canada. Try to talk to a lawyer in Canada before you go there. Take care, Jason
I am a Nigeria presently seeking asylum in south africa, i left nigeria because of threatening to kill me by robbers that attacked my office in 2013 and i ran away with treasury key, and my family are still there, is there a chance to relocate from South Africa to US because i cant move them to South Africa due to the fact that no financial support in South Africa
If you can get to the US, you/they can seek asylum here. Whether they have a strong claim, I do not know. There will be an issue for you, since you lived in South Africa, you will have to demonstrate that you are not “firmly resettled” in SA. We have had a number of cases where this has been an issue, but due to anti-foreigner violence in SA, we generally are able to show that our clients are not firmly resettled there and are not safe there. Take care, Jason