URGENT!!! CROSSING US-CAN LAND BORDER FOR ASYLUM

[FDT9090]

Hi Everyone,

I am a natural-born American citizen married to an undocumented woman here in the U.S.

For many years everything was ok and living was not a problem, but things are changing now and we need a more permanent solution. Despite being a US citizen I cannot get her a Green card because she is undocumented and she will need to leave etc and may be banned from coming back to the States for many years and it would really disrupt our life.

Given her country of origin and the current situation there she is virtually guaranteed asylum in Canada so our plan is for her to cross between ports of entry and seek asylum. I will cross legally as a tourist and see ways for me to remain in Canada later on.

I grew up in upstate Vermont in a border town right next to Canada, and as a kid I would frequently hop back and forth across the border to visit friends etc. Going to the POE was just to much of a hassle and no one I know ever actually bothered crossing legally and Canadian immigration never hassled me/stopped me and neither did American immigration. Pretty sure they both knew what was going on but granted this was way before 9/11 and in recent years security has become tighter but here is my question:

What exactly happens if my wife crosses illegally into Canada but no one from Canada shows up to arrest her? I know given the current situation things now are probably not the way it was in the 80's but I am OCD and want to plan for every possible scenario so can some please tell me if she crosses illegally but is not encountered by Canadian officers what she should do?

p.s. she will be crossing near Stanstead, QC as I am familiar with that area.

Cheers

 

[canuck78]

I would do some more research. How long has your wife been living in the US? Does she have proof that she is currently in fear for her life? You should be looking at immigrating via economic means (you or your wife) and then doing a spousal sponsorship. You will be a visitor in Canada and won't be able to get a work visa and will have difficulty extending your visa. You can try to get an LMIA but that is a long shot. Please consult an immigration lawyer,

 

[FDT9090]

I would do some more research. How long has your wife been living in the US? Does she have proof that she is currently in fear for her life? You should be looking at immigrating via economic means (you or your wife) and then doing a spousal sponsorship. You will be a visitor in Canada and won't be able to get a work visa and will have difficulty extending your visa. You can try to get an LMIA but that is a long shot. Please consult an immigration lawyer,

She is Syrian, so fear for her life part is kinda a no brainer. I've been looking at immigration streams and do seem to qualify but this will surely take time and unfortunately she was arrested a few weeks back (minor charge, bar fight) and we are afraid that this may raise the eyebrows of immigration. She has also had a lot of trouble working in the States despite having a university degree as she is undocumented. We have met with lawyers and unfortunately the U.S. is too complicated, whereas she is practically guaranteed status in Canada.

For me my first intention is to ensure she is safe. As an American I will have no problem going to Canada back and forth while I apply for immigration. I am aware of the conditions of my stay in Canada as a visitor.

Any idea on my original question as to what we do if she crosses and there is no Mountie to say hi?

 

[FDT9090]

I would really appreciate your help as we plan on crossing this weekend. My understanding is that while she is waiting for a determination she can apply for a work permit and get work?

 

[FDT9090]

*BUMP*

 

[canuck78]

This is a forum run by volunteers you can't expect an immediate response. Not sure you can count on going in and out of Canada for long stretches of time without it raising concerns and having your visa refused or only giving you a visa for a short period of time. The bar fight might actually be an issue when she claims asylum if she was charged. Given your family income and/or assets she may not qualify for a work permit, income support or legal aid.

I don't answer question about illegal immigration and many other on the forum don't. You may find someone else who will.

 

[FDT9090]

This is a forum run by volunteers you can't expect an immediate response. Not sure you can count on going in and out of Canada for long stretches of time without it raising concerns and having your visa refused or only giving you a visa for a short period of time. The bar fight might actually be an issue when she claims asylum if she was charged. Given your family income and/or assets she may not qualify for a work permit, income support or legal aid.

I don't answer question about illegal immigration and many other on the forum don't. You may find someone else who will.

ty for the response @canuck78

There is no intention to "illegally immigrate." If anything, illegal immigration was what I would do as a child jumping across the border.(However I never actually stayed more than an hour.) My wife WANTS to be encountered by Mounties who can then process her and get the paperwork started. However my question is what do we do if the Mounties don't show up? WE DO NOT WANT HER TO BE IN CANADA WITHOUT PAPERS, so there is no "ILLEGAL IMMIGRATION" intention.

The bar fight was stupid. She was arrested and kept in the drunk tank for the night but no charges were filed. However she was booked and processed.

 

[canuck78]

Walking across the the border when it is not at a legal crossing point is entering the country illegally. Wish your family the best but only answer question about legal immigration as I previously said.

 

[Buletruck]

So, without delving into the whole illegal crossing discussion, I see a few issues with your plan (and I am playing devil's advocate here).

Despite being from Syria, seems your wife hasn't spent any time there recently, so claiming asylum from a country you haven't been to recently will probably be an issue providing sufficient evidence to justify the claim and will weigh as a negative factor.

If she does claim asylum, she is going to have to disclose she is married to you, an American or face misrepresentation if she doesn't. So the first thing would be why she hasn't claimed asylum in the US, followed by the fact that your ability to enter Canada may be somewhat limited once they know the connection. I suspect you would be flagged at the very least (making it difficult to be together) and she would be told to claim in the US.

Coming across illegally, and not being detained would entail her living her with no health coverage, no identification, and only illegal work available (leading to other, bigger issues). Not a particularly good time.

I think overall, as IRCC shares information with CBP, her claim would ultimately be seen as a refugee of convenience and she would be rejected. Regardless, I think she would be facing an exceptionally difficult time in claiming as a refugee in Canada. Food for thought.

My 2 cents.

 

[Will_PA]

if such a strong case why not claim in us

 

[FDT9090]

Not claiming in the U.S. cuz of crappy asylum policy, detention, issues with her illegal status etc. We think Canada offers overall better odds and opportunities.

She is a member of the Quwatli family (Quwatli was a former Syrian president, now widely hated, and Assad will not pass up an opportunity to kill a Quwatli) which is one of the reasons she came to the States. If she goes back she will certainly be murdered, (her aunt was already killed by govt forces) so our case is very good. (She is not some random Syrian claiming asylum.)

I most certainly appreciate everyones advice, however does anyone know if she crosses, and is not encountered by the Mounties, what should we do? Should she call them, go to the nearest POE? Any ideas? I don't want her to be living in Canada without status.

She can most certainly prove fear for her life/persecution etc. She also doesn't have any status in any other country.

 

[khan200us]

She must make sure she is detained by the border force/security. She should call them or police if she doesn't find them.Anybody can marry in Canada so once she is in Canada and her claim is in process, you travel on a short visit and get married in Canada and get a marriage certificate. If you can then make a successful immigrant application, she will certainly get permanent residence visa being your legal spouse.Your case is a complicated one and you should seek legal advice about your circumstances from a Canadian immigration lawyer. Staying illegal in any country doesn't solve the issue.Regarding bar fight, you should ask your wife to lay low and show respect towards the law while she is an illegal alien. If she is not charged/convicted by a court of law, and makes an application inside Canada,either as a spouse of a PR holder or asylum claim,that should not have an adverse effect on her case. You should in any event, consult an immigration lawyer.

 

[rish888]

What sort of question is "what if she is not caught."

How can you possibly cross an international border without police raining down on you?

 

[rish888]

And this may come across as ignorant, and forgive me if it does, but how does a Syrian (you say she is a Quwatli so I'm guessing an observant Muslim) get into a bar fight and end up in the drunk tank?

Well, at least if Canada fails I'm sure Ireland would be happy to have her.

 

[devnill]

When/where did you get married? If you got married in the US, I was under the impression that she can adjust status in the US even if she was undocumented.