I have a pending asylum application in the US. I listed my spouse and children as derivatives. Can my spouse apply for asylum in Canada and leave the US for Canada with the children or does my listing of them on my application exclude or disqualify them?
Asylum Application
- Thread starter youngfellow
- Start date
Is your spouse currently in Canada, have family in Canada, or has an approved TRV already to visit Canada?
My wife is presently in the US, does not have family in Canada and does not have an approved TRV.
She is not able to claim asylum at the Canadian border due to safe 3rd country agreement.
And she is not able to claim asylum inside Canada unless she gets a TRV approved, which is essentially guaranteed to be refused due to your own asylum claim in US.
So basically she has no chance to claim asylum in Canada anyways, regardless of your own case. You should concentrate on your family's case in the US only.
Thank you for your responses. Her plan is to cross over into Canada through roxham road which, though an illegal border crossing, has served other travellers, who would otherwise have been disqualified.
Thank you for your responses. Her plan is to cross over into Canada through roxham road which, though an illegal border crossing, has served other travellers, who would otherwise have been disqualified.
R
rish888
Guest
A pending claim in the U.S. does not disqualify anyone from claiming asylum if the individual in question is already inside Canada. However, once it gets to the actual hearing, a pending claim in the U.S. is not gonna look good. Asylum shopping is not gonna work in your favor. I would also consider the strength of the claim your wife has and why she would go to Canada while you and the kids stay behind in the U.S. Once it gets to the hearing stage all these questions will surface.
Also, if the claim is denied she will be sent to her home country, not back to the U.S.
Seriously consider is claiming in Canada is the smart move here. If y'all have a strong case the U.S. should grant you protection.
Also, if the claim is denied she will be sent to her home country, not back to the U.S.
Seriously consider is claiming in Canada is the smart move here. If y'all have a strong case the U.S. should grant you protection.
Seems the derivative status is the same as a refugee from what I can gather from the USCIS websites. I suspect an application in Canada would be rejected as she already has a claim in the US.
Application Procedures: Getting Derivative Refugee or Asylum Status for your Spouse
If you entered the United States as a refugee within the past 2 years or were granted asylee status within the past 2 years, and are applying for derivative refugee or asylum status for your spouse, you must submit:
https://www.uscis.gov/family/family-refugees-asylees/refugee-asylee-spouses/application-procedures-getting-derivative-refugee-or-asylum-status-your-spouse
Application Procedures: Getting Derivative Refugee or Asylum Status for your Spouse
If you entered the United States as a refugee within the past 2 years or were granted asylee status within the past 2 years, and are applying for derivative refugee or asylum status for your spouse, you must submit:
https://www.uscis.gov/family/family-refugees-asylees/refugee-asylee-spouses/application-procedures-getting-derivative-refugee-or-asylum-status-your-spouse
Thank you for your response.
However, my wife's intention is to travel to Canada with the kids.
Also, my wife was listed on my asylum application in response to an enquiry into my marital status. She will only have derivative status if I file form I-170 for her. Please correct me if I am wrong here.
While the kids and myself have been fingerprinted at the USCIS as part of the application process, my wife has not and has no intentions of becoming a part of this application. She travels on a visitor's visa.
Your thoughts are greatly appreciated.
Everything you've put in this thread so far sounds very strange. All of this information WILL be found by Canada immigration if your wife chooses this route. You should BOTH be aware that when this information comes to light, she will be denied and returned to country of origin. She will also have to take the children. You will then be separated from your spouse and your children for an indefinite amount of time.
I would urge you to think very very carefully about this route before going through with it. There is NOTHING so important in Canada that you can't also get in the US that would warrant a lengthy separation from your family.
I'm not certain I quite understand what you mean by 'All of this information WILL be found by Canada immigration'...is it that none on these forums are private or what?
Nope, what will be found is your application in USA. Canada and USA do share information and checking with USA is the first thing they do.I'm not certain I quite understand what you mean by 'All of this information WILL be found by Canada immigration'...is it that none on these forums are private or what?
So they will know about it and they will know about illegal crossing.
So yes it will look like asylum shopping which is not taken kindly.
And even if you withdraw your application in USA, the trace will be there and the question why did you withdraw will be the same.
That is why the best advice is to focus on your application in USA, rather than try Canada. Because the most certain outcome is deportation.
What I mean is that this kind of information, that you are offering here, is the very same information that will be asked of your wife. It will not look good that she traveled to the US on a visitor visa, then took the kids, that you've added to your refugee application (avoiding adding her intentionally or what?) travelled to Canada, entered illegally and is now pursuing her own 'asylum' case here. Yet you also stated above that she did not require asylum. I assume that you did not mention her in your application since she was able to obtain a travel visa for the US (not something given to spouses of refugee claimants). Hence my statement that all this information WILL come to light when she is questioned about her need for asylum. It all looks very very badly from this standpoint. You and she should consider just continuing with the application you have launched in the US.I'm not certain I quite understand what you mean by 'All of this information WILL be found by Canada immigration'...is it that none on these forums are private or what?
The matter of fact that his wife and kids obtained the B1/B2 Visa from US consulate of his country of origin is a big red flag towards his refugee case in US. The problem is that they must omit or intentionally lied something in their VISA application, and if later it comes out of the light, they can be banned by US for life for misrepresentation.