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If i were to fly to canada and claim asylum while my claim is being decided can i apply for express entry and get chosen if i have enough points?

Happycare

Full Member
Sep 9, 2023
37
6
I am currently illegal in the us and i want to go to canada my country does not require a visa to go to canada and the border being shut down was only for land crossings i wanted to fly to canada and claim asylum their. i know asylum processing takes time and while i wait for my case to be decided i will be preparing my express entry profile by taking the Tec and Celpip and getting my eca's . Once i am done with that i should have enough points to qualify for an express entry invite with around 496 (assuming i get clb7 in french and get the bonus points) .



I want to know does my asylum claim make me ineligible to ajuste status? can i apply for express entry with an open asylum claim? If my asylum claim is denied will it make me inadmissible to canada for express entry and the pnp programs?



Tldr Want to know if i can apply for asylum and while i am waiting on the results can i submit my express entry profile
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I am currently illegal in the us and i want to go to canada my country does not require a visa to go to canada and the border being shut down was only for land crossings i wanted to fly to canada and claim asylum their. i know asylum processing takes time and while i wait for my case to be decided i will be preparing my express entry profile by taking the Tec and Celpip and getting my eca's . Once i am done with that i should have enough points to qualify for an express entry invite with around 496 (assuming i get clb7 in french and get the bonus points) .



I want to know does my asylum claim make me ineligible to ajuste status? can i apply for express entry with an open asylum claim? If my asylum claim is denied will it make me inadmissible to canada for express entry and the pnp programs?



Tldr Want to know if i can apply for asylum and while i am waiting on the results can i submit my express entry profile
The asylum claim will make you ineligible for Express Entry, as well as any other economic immigration forum (like PNP).

You have to either pick the asylum claim or Express Entry. You can't do both at the same time.
 

Happycare

Full Member
Sep 9, 2023
37
6
By eliegeble you mean to make a profile and enter the drawing? to get an ITA ? or to be approved for the PR?

Also Once the asylum claim ends even if it is denied Would that come back to hurt me when applying for Express Entry or since its a seperate process have no effect?
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
By eliegeble you mean to make a profile and enter the drawing? to get an ITA ? or to be approved for the PR?

Also Once the asylum claim ends even if it is denied Would that come back to hurt me when applying for Express Entry or since its a seperate process have no effect?
All of it. You are not eligible for Express Entry if you are within Canada with either a pending or refused asylum claim.

If you decide to apply for asylum and are refused, you would need to leave Canada in order to be eligible for Express Entry. Since you have a refused asylum claim, you would need to go through additional steps to return to Canada (specifically the ARC process which involves additional fees and waiting time).
 
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scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
By eliegeble you mean to make a profile and enter the drawing? to get an ITA ? or to be approved for the PR?

Also Once the asylum claim ends even if it is denied Would that come back to hurt me when applying for Express Entry or since its a seperate process have no effect?
I assume you've also already obtained an eTA?
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,529
I am currently illegal in the us and i want to go to canada my country does not require a visa to go to canada and the border being shut down was only for land crossings i wanted to fly to canada and claim asylum their. i know asylum processing takes time and while i wait for my case to be decided i will be preparing my express entry profile by taking the Tec and Celpip and getting my eca's . Once i am done with that i should have enough points to qualify for an express entry invite with around 496 (assuming i get clb7 in french and get the bonus points) .



I want to know does my asylum claim make me ineligible to ajuste status? can i apply for express entry with an open asylum claim? If my asylum claim is denied will it make me inadmissible to canada for express entry and the pnp programs?



Tldr Want to know if i can apply for asylum and while i am waiting on the results can i submit my express entry profile
How long have you been living in the US? It looks like quite a long time. Did your family ever apply for asylum in the US? If you have been outside your home country for a long time it can be quite difficult to show that you are currently at risk of persecution. Would suggest you speak to a few Canadian immigration lawyers about your chance of getting asylum in Canada based on your history and country of origin. Assume there is a good chance you may be from Mexico and getting asylum from Mexico is definitely not guaranteed. As soon as you leave the US you will likely get a 10 year ban so claiming asylum may not be the best option especially if you can apply for PR as an economic migrant. As already suggested an ETA isn’t guaranteed even if you come from a visa exempt country. Do you have family or friends in Canada who will be able to provide housing in Canada at least for the first few months or have 10k+ to have the hopes of securing housing while waiting for a work permit which can take multiple months. Due to a housing crisis it can be very difficult to secure housing even with a job so as a new asylum claimant it can very difficult. Many end up offering to pay 6+ months in advance often out of desperation to secure a rental. Due to the large number of asylum seekers most of the refugee shelters are full and so are the homeless shelters. Many churches are housing people on mattresses on the floor in basements for example. It is not a good situation that is getting worse and many asylum claimants are ending up on the street because all shelters are full while people keep arriving and have difficulty moving out. If you are coming from a decent qualify of life in the US I would try to avoid living in a homeless shelter or a church on a mattress. It is not nice and can be very scary in many cases.
 

Happycare

Full Member
Sep 9, 2023
37
6
Thanks for taking the time to respond i really appreciate it. Money is not really a issue since i am currently studying my MBA and do consulting work and have mostly worked for myself. I can pay for my ticket and i have enough for a couple years rent. I can afford an attorney if it will help i dont mean to be franc its that the few ones i called so far told me just show up try and contact them if i get rejected. Money can only go so far. i would like to have a real job, i would like to not live in fear of the government one day (maybe under trump agian) take my house and or posessions in the us just becuase i am illegal. I am afraid i can be seperate from my partner (an american) and my future children if i stay. I spoke to a us immigration lawyer years ago and due to my status ( entered illegaly at 6 months of age without inspection ) and not meeting the daca requirement i would be facing a lifetime ban if i left possibly and appeal would be next to impossible they reccomened canada to me since it is very similar culturally and i can speak english and french. I cant lie nor do i want to lie to canada immigration officals my passport clearly was issued in the us by a mexican consulate which can be seen on the biometric page. I am not sure if this may just make me inadmissible under express entry . I see the approval rates of asylum from mexico are much lower then other countries. I am not sure if any of this matters but the goverment has discriminated agianst me denieing me acess to my documents and femecide is a major issue in mexico making it unsafe for a single women if i were to be sent back given i have no family there. I understand i need to go to mexico to fly to canada now that roxham rd is closed.


Sorry this is a really long rant and my mind is all over the place , after talking it over with my partner even if he cant make it to canada with me we decided it was best and most safe i end up in canada then in mexico. I just want to make sure i am making the right descisions and i dont want to screw this up. I am by no means rich enough for some kind of golden visa thing but i can afford what i need and then some

Tldr My family entered without inspection and did not apply for asylum and i been in the us since i was 6 months old so about 28 years
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks for taking the time to respond i really appreciate it. Money is not really a issue since i am currently studying my MBA and do consulting work and have mostly worked for myself. I can pay for my ticket and i have enough for a couple years rent. I can afford an attorney if it will help i dont mean to be franc its that the few ones i called so far told me just show up try and contact them if i get rejected. Money can only go so far. i would like to have a real job, i would like to not live in fear of the government one day (maybe under trump agian) take my house and or posessions in the us just becuase i am illegal. I am afraid i can be seperate from my partner (an american) and my future children if i stay. I spoke to a us immigration lawyer years ago and due to my status ( entered illegaly at 6 months of age without inspection ) and not meeting the daca requirement i would be facing a lifetime ban if i left possibly and appeal would be next to impossible they reccomened canada to me since it is very similar culturally and i can speak english and french. I cant lie nor do i want to lie to canada immigration officals my passport clearly was issued in the us by a mexican consulate which can be seen on the biometric page. I am not sure if this may just make me inadmissible under express entry . I see the approval rates of asylum from mexico are much lower then other countries. I am not sure if any of this matters but the goverment has discriminated agianst me denieing me acess to my documents and femecide is a major issue in mexico making it unsafe for a single women if i were to be sent back given i have no family there. I understand i need to go to mexico to fly to canada now that roxham rd is closed.


Sorry this is a really long rant and my mind is all over the place , after talking it over with my partner even if he cant make it to canada with me we decided it was best and most safe i end up in canada then in mexico. I just want to make sure i am making the right descisions and i dont want to screw this up. I am by no means rich enough for some kind of golden visa thing but i can afford what i need and then some

Tldr My family entered without inspection and did not apply for asylum and i been in the us since i was 6 months old so about 28 years
An asylum claim in Canada would be a very bad choice for you - honestly a horrible decision. The grounds for your claim are extremely weak given you really haven't lived there at all. The issues you are describing are generic dangers in Mexico - there's no personal threat to you individually. You have no case. Additionally, you need an eTA to fly to Canada and I don't see how there is any chance at all an eTA is going to be approved given your status in the US. IMO coming to Canada and claiming asylum is a complete non-starter. Let's say you're somehow able to get the eTA approved and claim asylum, that will ultimately result in a refusal and a deportation to Mexico - then you'll be stuck there for who knows how long before you can sort out your next steps. Honestly, the whole asylum thing is a very bad plan.

There is nothing stopping you from applying for Express Entry while out of status in the US. Why not go ahead with your plan to apply under EE as you've described, but remain in the US to take all of the language tests there, etc. There is nothing stopping you from being approved under EE while out of status in the US as long as you are 100% truthful about your immigration history in your EE application. ***Make sure you are 100% truthful in all of your answers to Canada, including the eTA if you decide to apply. Otherwise you can expect a 5 year ban from Canada for misrepresentation.

One thing you should be aware of is that you will be automatically banned from re-entering the US for 10 years as soon as you leave (this includes if you are successful with the EE application and get PR). Even once you get Canadian citizenship, the 10 year ban will still apply. So you must be prepared to leave the US and not return for a decade.

Again, best option right now is to remain in the US and apply for EE from there, then come to Canada once your EE application is approved.
 

Impatient Dankaroo

VIP Member
Jan 10, 2020
4,382
2,671
I am currently illegal in the us and i want to go to canada my country does not require a visa to go to canada and the border being shut down was only for land crossings i wanted to fly to canada and claim asylum their. i know asylum processing takes time and while i wait for my case to be decided i will be preparing my express entry profile by taking the Tec and Celpip and getting my eca's . Once i am done with that i should have enough points to qualify for an express entry invite with around 496 (assuming i get clb7 in french and get the bonus points) .



I want to know does my asylum claim make me ineligible to ajuste status? can i apply for express entry with an open asylum claim? If my asylum claim is denied will it make me inadmissible to canada for express entry and the pnp programs?



Tldr Want to know if i can apply for asylum and while i am waiting on the results can i submit my express entry profile
Pendejo