Asylum in Canada Is Not for Everyone (Sorry Aboot That)

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.

Ruth Dickey: On assignment in Canada to research the Safe Third Country Agreement.
Ruth Dickey: On assignment in Canada to research the Safe Third Country Agreement.

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.

Related Post

544 comments

  1. Hi Jason
    I have a pending asylum in USA.I crossed the border illegally to Canada and applied asylum in Canada and my case still bending in Canada .now I want to come back to USA by crossing the border again because I want go back to USA.What is the consequences of trying to cross back to USA? , Is there any way that I can not be deported to my country?

    Reply
    • If they catch you at the border, they will likely detain you, and you will have to present your asylum case to an immigration judge (probably while you are detained). Also, if you have a pending asylum case in Canada, it may make it more difficult to seek asylum here, and the US could return you to Canada. Take care, Jason

      Reply
    • Hello Jason,
      I am from Pakistan and i Have Canada Visit visa. my question is that can i apply for asylum on my Pakistani passport and i also have Afghan Nationality and my brother is in NY. Through which nationality asylum will be better for me, Pakistani or Afghani. If Afghani is better then can i tell them that my Pakistani passport is fake because i have done bio metric finger prints here

      Reply
      • I think pretending that your Pakistani passport is fake is a very bad idea. This may come out in the security background check. In any case, if you are seeking asylum in Canada, you should talk to a lawyer there – I am in the US. Take care, Jason

        Reply
  2. If someone has refugee status in U.S and they cross the border and try to get refugee status in canada by producing fake passport and documents will that effect their U.S refugee status as well? Thanks

    Reply
    • I think it very possibly could effect their status in the US, and it might also subject them to criminal prosecution. Take care, Jason

      Reply
      • Hi Jason if I am persecuted by the state because I uncovered corruption (I am a Profesional) in my country where government is involved, will I get Asylum? I do not want to be supported by Canadanian governement, I just want protection in Canada Thanks

        Reply
        • I am in the US and I do not know about Canada – you should talk to a lawyer there. Take care, Jason

          Reply
  3. Dear Sir,
    I am foreign language instructor in a renowned university with the experience of 10 years. Being a student of language and literature I have a liberal outlook of life and ideology.Teaching is my passion and I have been teaching literature with a liberal and broad view point since years.
    There have been certain issues regarding sects and religion where I never supported extremism and force and always advocated love and tolerance. There has been created a scenario and my ideas have been miss quoted( by some of my student my be ) to a strong Student Organization with the University and my life has been changed. I have been threatened through different channels. I have reported to police but it is hard to take an action against them.
    My fsmily is traumatised and scared and i have finally lanning to seek asylum somewhere.
    Is it possible to get asylum in USA ? I have a valid visa to USA and I frequently visit to US.
    I had a wonderful life here back home but and I don’t want to take risk.
    Pl, guide me in this regard.

    Reply
    • Without specifics, it is difficult to say much, but if you fear harm because of your political or religious views and if the government is unable or unwilling to protect you, it sounds like you have a basis to claim asylum. Maybe talk to a lawyer in the country where you want to go in order to better understand the strengths and weaknesses of your case. Take care, Jason

      Reply
    • Thanks for your reply.
      Is it possible to discuss with you the details of my case by email or phone.
      How much fee your company charges to file a case?

      Reply
  4. hello M/sir
    I just wanna ask about the asylum process outside of Canada…. as it possible to claim asylum for Canada in UK.. my case is refused here in uk since 2013 .. I am stuck here in uk … can please email me some information about this or if you know anyone who can help me in this so please send email ..
    thanks alot

    Reply
    • I am in the US and I do not know about the UK. You need to talk to a lawyer there. Take care, Jason

      Reply
  5. Hiii,i am eritrean,i got visitor visa to canada currently i am in canada .i have couple months more to valid my visa,unfortunately i tought to ask asylum seeking in canada but i am scared no to refuse me.what can i do to get accept in canada,live and work pemanently.

    Reply
    • I am in the US and I do not know about Canada. Talk to a lawyer there for help. Take care, Jason

      Reply
  6. Hello prof!!!

    I see your good work so far. We have a life threats in our home country and we try to find a way of escape. Can we apply for asylum here based on our challenges. At the moment, we are on B1\B2

    Reply
    • If you are in the US and you fear harm in your home country, you can apply for asylum. Whether you have a good case or not, I do not know, and I recommend you consult with an attorney before you file to see whether you have a case. Also, in the US, you must file within 1 year of arriving or you could become ineligible for asylum. Take care, Jason

      Reply
  7. Hello I am from Yemen I have a visa to the US I am going to transit through Canada airport while I am in Canada airport to catch my flight to the US can I ask refuge in Canada

    Reply
    • You should talk to a lawyer in Canada about that – I am in the US and I do not know. I am not sure you will be able to come to the US since there is a new travel ban against Yemen (I wrote a bit about this last week), but if you already have a visa, I think you are ok. Nevertheless, you might want to check with the airline about that. Take care, Jason

      Reply
  8. Hi,

    We want to apply for Asylum at Canada America Border. We have American visit visa. My Uncle lives in Canada. He is brother of my mother. Can my father take asylum with us at Canada America Border as spouse going with her wife who has a blood relation in Canada?

    Thanks,

    Reply
    • I do not know about the law in Canada – you have to talk to a lawyer there. I have seen people rejected from the Canadian border and returned to the US. In some cases, such people are detained by the US, so definitely talk to a lawyer in Canada before you try this. Take care, Jason

      Reply
  9. Hi Jason, I am a married man who has been in the US alone for over three years without my family , but I have not applied for asylum in the US. Now I want to apply for asylum in Canada, what are my chances of being granted . What are the steps I need to take to apply and how can my family join me in Canada if granted. Thanks and God bless !

    Reply
    • I am in the US; you would need to talk to a lawyer in Canada. Given that you have been in the US, it may be more difficult to apply for asylum in Canada, so talk to a lawyer there before you go. Take care, Jason

      Reply
  10. Hi Jason,

    I would like to apply for asylum in US on the grounds of my religious beliefs (or lack thereof shall I say) and/or membership of a particular social group (LGBT). If I have the option to travel to the US on a tourist visa (with the intention of applying for asylum from within the country), or submit an asylum application from outside the US, which course of action is recommended over the other? Obviously, I would prefer to travel as soon as possible to escape the oppression that I am facing, but I am not sure which process is more likely to have a positive outcome in terms of having my application approved. I am slightly concerned about making a tourist visa application wherein I won’t disclose my intention to seek asylum upon arrival in the US. FYI, I am able to support myself financially while waiting for a decision on my case.

    Thank you!

    Reply
    • You can only apply for asylum if you are physically in the US. Otherwise, you can register as a refugee and try to come to the US through the refugee process (this is very difficult). As for your intention, I did a posting about that yesterday which might be relevant. Take care, Jason

      Reply
  11. I and my two kids applied for asylum here in US since February 2017 but up till now we have not received any acknowledgement or receipt number from them.

    How do I go about it?

    Reply
    • If the parent got a receipt and the children are dependents in the case (meaning, each child submitted a signed page 9 of the I-589 form with their photo at the same time as you filed for asylum) then the are pare of the case. If you need Aliens numbers for them, maybe you can email or contact the local asylum office to ask about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  12. Is being a saudi woman enough to apply for asylum in canada?

    Reply
    • You would have to talk to a lawyer in Canada about that; I am in the US. Take care, Jason

      Reply
  13. Hi Jason….how are u today…???after waiting for almost 2years and applying for EAD twice cos d first application was denied I fled to Canada to seek refugee I have been granted my work permits and all in Canada…God bless Canada….please how do I close my asylum case in d US or do I have to do a change of address???

    Reply
    • You should be able to contact the asylum office (normally by email) and send them evidence that you are in Canada, and ask them to close your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
    • Please when did you go to Canada to seek asylum after leaving the US? I mean year. Thanks

      Reply
  14. How can close my immigration file in Texas. I am applying in canada now.ineed online side can I close my file

    Reply
    • You can email them with proof that you are in Canada and ask them to close your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  15. Dear Jason,

    if there is family seeking asylum ,and the family contain of wife and husband and two kids less than 7 years old , in case the parent get the EAD and social security number but did not have any job opportunity for three month ,is there any support or services from the government they can get?

    my second question if the family decide to go canada and seek asylum there ,did they can transfer there case and any supporting document and seek asylum there ? ,as there any process for that ? with lawyer who taking care for the whole family case in USA?

    Reply
    • I do not know about support available for asylum seekers, aside from the fact that all children – including asylum seekers – can attend public school. The best thing to do is Google “Catholic charities” + the name of your city, and talk to them, as they often know about public benefits. As for Canada, there are restrictions on seeking asylum in Canada for people who were first in the US, and so you should talk to a lawyer in Canada about this before you try to go there. Take care, Jason

      Reply
  16. I am thinking to apply for b1b2 USA multiple visa…n after I reach in USA will apply for assylum there….am from India me n my wife have life threats as we had love marriage and my wife is from scheduled caste. will our assylum case be accepted….currently my wife is in Singapore for study..when her study over will apply for multiple entry tourist visa for USA and then will apply for assylum…what are our chances.

    Reply
    • There is no way to tell you that. One issue in general with Indian cases is this – if you can relocate and live somewhere safely within India, you can be denied asylum in the US. So you will need to show that you cannot live anywhere safely in India. Also, you will need to show that the government cannot protect you. If you have a threat against you, and you can overcome those issues (and any others), you should have a decent chance to receive asylum. Take care, Jason

      Reply
      • What if I say it’s a case of honor killings and this happens in every part of the country and no measure has been taken by the govt. To counter this…..what more I can add to make the case strong or any other way….please suggest

        Reply
        • You can also try to show that it is difficult to relocate in India for cultural reasons, that the people who will harm you have the ability to find you anywhere and to harm you, and that the police are not effective in protecting people like you. Such a case might be a bit tough, and it would be worthwhile to discuss the specifics with a lawyer, so you can present the strongest possible case. Take care, Jason

          Reply
  17. apply asylum here in US and i passed my interview i guess they will not approved me
    i want apply to asylum in canada what’s process
    Thanks

    Reply
    • You have to talk to a lawyer in Canada about that, and I recommend you do that before you try to go to Canada. We have seen people try to go from the US to Canada and sometimes they are stopped at the border and returned to the US where they are detained. Take care, Jason

      Reply
  18. Hi
    My younger brother will like to come visit here in the US but I applied for asylum may this year, my record isn’t showing when I put in the number I was given,my id number. I mentioned his name during my application, do you think this will affect his application? I feel they may not have put up my record yet but I felt I should ask you the expert. Thanks alot

    Reply
    • You cannot check your asylum case on-line, so it would not come up even after some time. I believe your brother will need to disclose that you are in the US when he applies for a visa, and that could affect the chances of getting the visa. This problem is worse for spouses and children than for siblings, so hopefully, he can still get it. I did a blog post on this point on April 18, 2014 – maybe that would be helpful. Take care, Jason

      Reply
  19. Hello Jason,
    I applied asylum in the US in November 2015 and got final denial July 2017. I am still on valid F-1 visa. I am planning of going to Canada and apply an asylum there.
    So, Do you think this is possible? I am still maintaining legal status and am afraid that this might affect my asylum application in Canada.
    Any response will be appreciated Jason.
    Thanks!

    Reply
    • At a minimum, Canada will probably know about your asylum case in the US. Whether your case here will block you from asylum in Canada, I do not know. Talk to a lawyer in Canada about that before you go. Take care, Jason

      Reply
  20. Hi dear Jason,
    do you think this statement is correct?
    “The Safe Third Country Agreement only applies to people who make a refugee claim at a Port of Entry on the US-Canada border. It does not apply to people who have crossed the border irregularly and subsequently make a refugee claim. Even if border officials come upon the person right at the border, the Agreement does not apply if they are not at a Port of Entry”

    Reply
    • I have heard this from other people, but I really do not know. I do know that many people who try to go to Canada get turned back at the border, and then they get detained by US ICE, so for that reason, I recommend talking to a lawyer in Canada before trying to go there. Take care, Jason

      Reply
      • Thank you for your answer. But what about the US side? If somebody cross the border illigally and come to US does this agreement apply for them?

        Reply
        • It does, and if that is the situation, you should talk to a lawyer to see what the effect on your case will be, and what to do about it. Take care, Jason

          Reply
  21. Can i apply for express entry in canada while my asylum case is pending in the usa?

    Reply
    • I have no idea, but I would talk to a lawyer in Canada before you try that, as you could be denied entry, returned to the US, and detained here. Take care, Jason

      Reply
  22. Hi Jason,
    I am currently in the US with my family, my kids are citizens but we are seeking asylum because of my baby girl as they want to circumcise her. I am scared of the outcome because of Trumps hatred for immigrants and so considering moving my family to canada to seek asylum there. Please is this possible?

    Reply
    • You should talk to a lawyer in Canada about that before you try to go there. In the US, it is possible to win asylum based on fear of a child’s circumcision, but courts have reached different conclusions on the matter, and so the law is unsettled. I recommend if you try for that here, you use a lawyer. Also, if the mother of the child was already a victim of FGM, that is a stronger basis for asylum. Take care, Jason

      Reply
  23. Hi jason i claimed asylum and it was denied i was deported not to my home country and know i entain to seek asylum in canada will my asylum status affect that’s of canada

    Reply
    • It may – and Canada will likely know about the denial in the US. I believe the two countries share such info (but I am not 100% sure). Talk to a lawyer in Canada to ask about how your US denial might affect the case there. Take care, Jason

      Reply
    • Canada will likely know about the denial in the US. I believe the two countries share such info (but I am not 100% sure). Talk to a lawyer in Canada to ask about how your US denial might affect the case there. Take care, Jason

      Reply
    • How is it possible that you were deported but not to your home country? Is it possible that someone can be deported from Canada but not to their home country?

      Reply
      • Normally, a person is deported only to the home country, unless they can show residency and have a travel document for another country. Take care, Jason

        Reply
  24. Hello
    I came to the us illegally in 2003 and I applied for asylum but it was denied. I currently have deportation status but still leaving in the Us.my question is can i cross the us and canada border to go seek asylum in canada without been rejected in canada and brought back to the Us? I have two kids who are Us citizens. Please help me.

    Reply
    • If the Canadians return you to the US immigration authorities, they will probably detain you (since you have a deport order), and then send you to your home country. Before you try going to Canada, talk to a lawyer there to see whether it is possible. Also, you may want to talk to a lawyer here to see whether there is anything that can be done for your case. It seems unlikely, given what you say, but maybe something has changed since your case was denied and there is something you can do now. Good luck, Jason

      Reply
  25. I am currently living and working in the UAE, but i want to move over to Canada and be able to work, if i come in with visit visa and seek asylum will i be able to get a good job.

    Also i have a sister living in Canada, will that help my application

    Reply
    • I am in the US. You would need to ask a Canadian lawyer about this. Take care, Jason

      Reply
  26. Hello There,

    I applied for asylum in Canada last year, and withdrawn it before my court date.

    I arrived there with a visit visa, which is still valid.

    What are my chances to apply again and be accepted if I arrive to Canada with the same visit visa?
    Knowing that I had valid reasons to leave, and I did not go to my home country (Syria), because I cannot.

    Regards,
    Samer

    Reply
    • I am in the US. You would need to talk to a lawyer in Canada about this. Take care, Jason

      Reply
    • You can not apply again ever but there are risk assesment which can help you to stay in Canada

      Reply
  27. Hi Jason,
    I have a little unrelated question to this topic but it involves Canada. I want to go to Canada by land, I have my green card but I have no passport (since it’s prohibited to get one or even go to my consulate) or Refugee Travel Document. This would be my first time exiting the country since I moved here. Do you think there’s a high risk that I get rejected from entering US again? Side note: I sent my N-400 2 weeks ago and got accepted.

    Reply
    • If you have a green card, you should be able to return to the US. Whether you can go to Canada with only a GC and no other document, I do not know. Take care, Jason

      Reply
  28. I was granted Asylum in the USA by immigration judge, what is the chance of getting Asylum in Canada if i apply, am i eligible to apply to apply Asylum in Canada, will they grant me Asylum????

    Reply
    • The chances are very low. If you have asylum in the US, you would not need asylum in Canada, at least under the Safe Third Party Agreement. I suppose if you want to try this, you should talk to a lawyer in Canada first, to make sure the application does not do you more harm than good. Take care, Jason

      Reply
  29. Hi dear .. my friend is from pakistan coming to US has study visa of US she reached there on 2june … she wants to come in canada by Detroit border but before crossing American police arrest her and put her into jail 🙁 now can you please tell me what can we do?

    Reply
    • She can leave the US or she can try to stay. If she wants to do an asylum case, she will need to do that in front of the Immigration Judge. I suggest you talk to a lawyer, as it is very difficult to present a case to a Judge when you are detained. Take care, Jason

      Reply
  30. i have B2 USA visa and i am in California right now, can i apply for asylum in Canada?

    Reply
    • You can apply for asylum in the US. If you want to apply in Canada, you probably need to go there first, and you may not be eligible to do that. Talk to a lawyer in Canada before you go there. Take care, Jason

      Reply
  31. Hello jason,

    Greetings ,
    Could you please be kind enough to tell me,which country
    Is easier and faster to get asylum in ?
    USA or canada!!

    Regards

    Sam

    Reply
    • I do not know about Canada. In the US, the process is usually pretty slow – a few years, but it depends on the case. Take care, Jason

      Reply
  32. Hello Jaskon,

    Am presently in Canada and will like to clam Asylum.My question is
    In case my asylum is decline can i travel to USA with my US visitor visa or must i travel back to my country.
    Thank you

    Reply
    • You can try to come to the US, but they may know at the border about the Canadian case, and if so, they could exclude you from entering the US. Also, the Safe Third Party agreement between the US and Canada may make it more difficult for you to seek asylum here if you are denied asylum in Canada. Take care, Jason

      Reply
    • adewunmi send me an email and i would explain to you what is needed to be done

      Reply
      • Pls Abbey, i need your email pls. I have similar questions to ask you as well

        Reply
        • Pls Abbey, i need your email pls. I have similar questions to ask you as well.
          From Victor Ade

          Reply
  33. I want to know Jason as m currently in Canada on asylum status can i bring my parents & siblings to canada?
    If yes than how? Give me the procedure

    Reply
    • I am in the US – you need to talk to a lawyer in Canada. Take care, Jason

      Reply
    • give me your number and i will call you on what to do

      Reply
      • whats ypur number abbey i will call u

        Reply
    • dear brother i have canada tourist visa want to apply asyluam what is the proced

      Reply
      • You should talk to a lawyer in Canada about this. That is better than asking me (in the US) or another asylum seeker, who may not know about the laws in Canada. Take care, Jason

        Reply
  34. Hello dear, what if I get a Canada visa and ask for asylum seeker in the airport when I arrive? Isn’t that better than to get a US visa and go to US and cross the US border to reach Canada?

    Reply
    • I am a US lawyer. You should ask a Canadian lawyer about this. Take care, Jason

      Reply
  35. HI
    I am in US from last 8 years.I dont have any status.my son is US citizen & I am a divorcee .my daughter she is 11 years she is also illegal.do u think filing asylum in canada is good idea ?I am not getting any help from my kids dad either & I dont have any family or relatives here.waiting for reply
    Thank you

    Reply
    • You would have to talk to a lawyer in Canada. I am in the US, and I do not know about asylum in Canada. Take care, Jason

      Reply
  36. Hi jason,

    I applied for asylum 1year ago in us but I would like to withdraw my asylum and go back to my country ..does uscis tell anything to my government? Or not?

    Reply
    • They will not tell your government. You should contact the asylum office and tell them you are leaving. You can find their contact info if you follow the link at right called Asylum Office Locator. This may make it easier for you to return in the future, if you ever want to come back. Take care, Jason

      Reply
  37. Hi Jason, If I seek asylum in Canada and my parents n siblings are in US can I bring them to Canada under exemptions of STCA for family defined as mother/father/brother n sister. If yes than how long will it take to reunite the family in Canada.

    Reply
    • I do not know – you have to talk to a lawyer in Canada about that. Take care, Jason

      Reply
  38. Hi Jason,
    My friend studied in Canada with a valid student permit before entering US. Can he apply for asylum in US as he is currently in the states?
    Thanks.

    Reply
    • He should talk to a lawyer first. There is an agreement between the US and Canada that you are supposed to apply for asylum in the first country you go to (US or Canada). There are exceptions to the rule, but he should check with a lawyer about the specifics of his situation before he applies. Take care, Jason

      Reply
  39. I visited USA last month for a conference and because my documents were not complete, I was refused entry into d US. And d immigration officer banned me for 6years. Now I’m planning to visit my family in Canada. Will my ban from US affect my visa to Canada

    Reply
    • It may – Talk to a lawyer in Canada before you travel to be safe. Take care, Jason

      Reply
  40. Hi Jason,
    I am from the Sixth countries banned by Trump’s EO. I do not think USA still safe for me. So my question: If I have job offer from Canada, I can not apply for visa because I applied for asylum in USA. I think Canada and USA have interconnected system and they know that I applied for asylum in USA and I have not legal status in the USA.
    Second: Can I apply for asylum in Canada as I am from sixth countries and give them my removal proceeding?
    Regards

    Reply
    • I do think the two countries share info, but I do not think this will block you from a work visa. However, I am not in Canada, and so I recommend you talk to a lawyer in that country before you try to go there for work or for asylum. Take care, Jason

      Reply
      • Thank you Jason,
        Non immigrant visa means that you have not intention to stay in a country permanently. When you apply for work visa in Canada and you do not have legal status in USA, what that mean?
        Th Canadian can not give you a temporary visa if you applied for asylum in the USA. Could you correct me Jason.
        Thank you

        Reply
        • Sorry, I do not know about Canadian visas. You would need to talk to a lawyer in Canada. Take care, Jason

          Reply
  41. I’d like to ask Please if I arrived USA from Gaza, Palestine by visa and applied for asylum, how much will it cost me approximately to hire attorney and how long will it take him or her to process my case and get the approval, Thanks a lot.

    Reply
    • I did a post on May 2, 2016 that might help with the money issue. As for the time, it is unpredictable – you can get some idea if you check the Asylum Office Scheduling Bulletin (a link is at right). Take care, Jason

      Reply
  42. Hello Jason,
    I have a pending asylum case in USA which was filed on February 2016 in Chicago, I made a refugee claim in Canada on April 2017 with the help of an NGO (Safe third country exception) and got my interview date which is in start of May 2017, while I submit all of my form to Canadian authorities, I never went for an interview, they do not have any of my picture or finger prints. My question is if I will not go to Canada and wait here in USA for my Asylum interview, does my application with Canadian authorities will effect my Asylum interview decision in USA and also does the US government can access on my application with Canadian authorities?
    Thanks!

    Reply
    • I think the US government may be able to access your asylum claim in Canada, or at least know that the claim was made, so I would recommend that if you stay in the US, you inform the Asylum Office about the Canada case (so the Asylum Officer does not think you are trying to hide info). Otherwise, I do not think the Canadian claim will affect your case in the US. If Canada grants you asylum, you will not be eligible for asylum in the US, but if you do not go through with the case, there should be no effect (I am assuming that you are in the US). Take care, Jason

      Reply
      • Yes I am in US, thanks you so much Jason, you are so helpful, God bless you!!

        Reply
  43. hi Jason i am ali pakistani natinol i lived in saudi arabia we have 7th parson family me my wife and 5th kid i all so have a b1 b2 visa can i apply asyium in us canada land border

    Reply
    • If you are in the US, you can apply for asylum here. If you are interested in asylum in Canada, you need to talk to a lawyer in Canada, as I do not know about the process in that country. Take care, Jason

      Reply
  44. Hi sir.
    I have valid 5 years B1,B2 USA visa. I have visited as visitor last year 2016, i stay and leave behoremy vacation end. I was leaving in Dubai and lost my job now i have to go backto my country PAK., where i have life threat. I am family person with 3 small kids.
    I want to go Canada to apply Asylum do you think it will work. I have visit visa for Canada. I dont want to go USA please advice. What i do for Asylum in Canada.

    Reply
    • I am in the US; you need to talk to a lawyer in Canada. Take care, Jason

      Reply
  45. Hello Sir,
    I’d like to ask Please if I can apply for asylum to Canada while transit in a Canadian airport ON MY WAY to USA. (in case I had a visitor visa to USA) but did not enter it yet …according to STCA.

    Thanks a lot.

    Reply
    • I am in the US; you need to ask a lawyer in Canada. Take care, Jason

      Reply
  46. Hi Jason
    I was wondering, now I’m in the USA with valid f-1 it’s been almost 19 months but back in my country some political problems occurred like 8 months ago. I have a valid Canada visa. Can I seek asylum there? Because my country have an agreement with usa(extradition)
    Thanks…

    Reply
    • You should talk to a lawyer in Canada; I am in the US. Take care, Jason

      Reply
  47. Hi Jason
    If someone has an asylum case pending, that is on hold, can they apply in Canada?

    Reply
    • I do not know – but probably the person must be in Canada to apply for asylum there, and that may not be possible, depending on the circumstances. You should talk to a lawyer in Canada before you try to go there. Take care, Jason

      Reply
  48. Hello Jason,

    My spouse was ordered deported from the US due to a felony when she was 18 but is still here in the US. She wants to apply for asylum in Canada. Will Canada determine approval based on criminal records in the US?

    Reply
    • I am in the US. You would need to talk to a lawyer in Canada about that. Take care, Jason

      Reply
  49. Hi Jason
    I was living in USA and had refugee status there we were on a holiday break and were arrested on canada border saying we crossed the border illegally. Our all luggage is kept in hotel in usa still.can you plz help me how can I get back to usa. We don’t want to go to jail in usa. It is almost a month here now. We want to get back as it’s the best place to live. Please guide us what to do. Waiting for your reply.

    Reply
    • I believe I replied to this question previously. If not, let me know, Jason

      Reply
      • No Jason you did not reply

        Reply
        • Sorry – In that case, you will need to re-post the entire questions and I will try to answer it. Take care, Jason

          Reply
  50. Hello,

    My mother claimed her asylum in the U.S three years ago and it’s still pending. In the meantime, I want to apply for an American tourist visa.
    Will I be denied the visa if I mention that she is in the United States? Should I pretend that I don’t have an immediate relative in the U.S?

    Thank you!

    Reply
    • If your mother listed you on her form (or her own visa application), the US government may know about you already, so their is no point in lying. If they discover the lie, which is vert possible, they will deny the visa. I think you will have to tell the truth and also make the strongest case you can for why you should get a visa. The fact that your mother has applied for asylum may make it more difficult for you to get a visa, so the stronger your case, the better. Take care, Jason

      Reply

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