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Can my family cross "irregularly" while still awaiting hearing

lucas101

Full Member
Aug 22, 2018
46
25
ORD
I am a refugee claimant here in Montreal, and my first hearing has been postponed indefinitely for over 9months now and back home i ran leaving my wife and two kids in the custody of her mum for adequate protection, but now everyday she calls and cry and i am getting down and depressed. i want to now if they can also cross from the US to Canada irregulary cos that seems to be my last resort to see them pending my hearing and whatever happens beyond.

please a response is urgently needed.

Gracias.!
 

Yelsew

Star Member
Apr 24, 2013
199
24
London, ON
If your wife and children are in the US now, I believe they would qualify to enter Canada at a legal border crossing under the Safe Third Country Agreement, because you are already in Canada and have made a refugee claim, even though you have not had your hearing.
 

lucas101

Full Member
Aug 22, 2018
46
25
ORD
@Yelsew, they are still in my home country and securing a Canadian visa in my home country is hard n expensive so i am thinking they should secure a US visa if they can n cross illegally and by saying legal border crossing what do you mean.?
 

Yelsew

Star Member
Apr 24, 2013
199
24
London, ON
@Yelsew, they are still in my home country and securing a Canadian visa in my home country is hard n expensive so i am thinking they should secure a US visa if they can n cross illegally and by saying legal border crossing what do you mean.?
@lucas101, I don't live in Quebec so I am not familiar with the border crossings there, but it looks like St. Bernard de Lacolle would be the one nearest to Montreal (from New York state). There are other places too. By 'legal' I simply mean an 'official' port of entry that is staffed with CBSA officers, one that almost everyone uses. Your family could make their refugee claim at the St-Bernard-de-Lacolle port of entry. You are already in Canada, so they would qualify for an exception under the Safe Third Country Agreement, which is why I strongly advise them NOT to try crossing illegally. Make sure they bring details about you--your status in Canada (refugee claimant), address and phone number as they will ask. However, all of this depends on them getting a visa to travel to the USA in the first place, and as Canuck has mentioned, there is no guarantee. I have often heard that, for some reason, it is easier to get a visitor visa to the USA than to Canada, although I don't know how true that is anymore.
 

frange

Hero Member
May 25, 2018
900
247
I have often heard that, for some reason, it is easier to get a visitor visa to the USA than to Canada, although I don't know how true that is anymore.

Yes, in Haiti it's very easy to get a US visa rather than a Canadian's one. I imagine OP is from Haiti.
 

Medoxtar

Star Member
Aug 20, 2018
93
14
The only option for him is to wait for his hearing and know the decision before getting the family to Canada!
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,518
I have often heard that, for some reason, it is easier to get a visitor visa to the USA than to Canada, although I don't know how true that is anymore.

Yes, in Haiti it's very easy to get a US visa rather than a Canadian's one. I imagine OP is from Haiti.
Given that you have applied for asylum your family will be unlikely to get an visitor visa to Canada or the US because it will be assumed that they are seeking asylum.
 

Copingwithlife

VIP Member
Jul 29, 2018
4,480
2,254
Earth
As well since the OP has a pending claim , that information would have been shared with the Americans. Thus his family would have a nil chance of getting a visa for either country , USA or Canada , since immigration assumes they would therefore use that as a opportunity to claim asylum as well . Actions have their repercussions
The OP will just have to be patient as his claims winds it thru the system
Question , did the OP have a US visa in the USA ?
 

lucas101

Full Member
Aug 22, 2018
46
25
ORD
Yes i have a valid vosa when i was in the US. i guess my option is to wait till the hearing comes...painful though