Canada express entry for asylum applicant in the U.S.A.
- Thread starter michellejanuary
- Start date
That Great!. Congratulations. I am still waiting for biometrics request. How long after AOR did you received the Biometrics Request?
Hii. I am following this thread. Me and my husband are in USA with indian citizenship.I am on H1B visa and my husband just got his rejection for his asylum case in usa, and my son who is 2yrs old is US citizen by birth. I want to apply for canadian express entry as a primary applicant. The confusion i have is that if i create my profile with my husband...what are the chances of rejection???. He is able to provide the Police clearance certificate from india as well as USA. He didnt get any work permits or anything since he filled for asylum.
Hi Mandeep
If you have the required score and everything else required for Express Entry, you should be able to get the PR. I have applied for the same and we have people here on this thread who got there PR after applying for Asylum in US. One question i have for you is that, Does you husband have legal status in US right now? If yes, then there should be no problem.
No. He got the rejection from asylum last year, he is still in USA. We are in delima that whether he should go back to india or we can apply canadian PR from here. He is the only reason to apply for express entry as my status is good and i am working in USA. But again the question is since he dont have any legal visa while landing and his asylum is already rejected, if i put him also in my profile,canadian immigration will ask for his documents later on. he dont have any ead's or work permits.
I am not really sure about this, but i can tell you that my consultant did ask me for my EAD while submitting my documents. But if i were you i would definitely consult an immigration lawyer.
I talked to the lawyers in canada itself. They gave the another route like apply as divorcee and sent him to india, and then remarry and bring back him to canada .......Again that is a very long process. Not sure what to do. Anyways thanks for the quick reply.
If he is gonna go to India, then why divorce? He will have a legal status in India and that's all they need. Doesn't matter if you're here and he is there while applying.
This won’t work and will ruin your life. Find a new lawyer who knows what he’s doing. If you do this you’ll never be able to sponsor your spouse in the future.
Hi,
Failed asylum is not a problem but maybe dependent on the officer. Of course you need to be truthful in your application. My wife had a fail asylum application years ago. However she didn’t had completely legal status as of current. Our case was approved with myself being the primary applicant and she as my dependent. As I indicated that she didn’t had complete legal status at the time of application or approval and yet we were approved. I suggest that you consult a few other lawyers as well.
Oh ok. Thank you so much.. how about the work permits and EAD's. Did your wife had that at the time you filed for EE. My husband never had any work permits
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She had EAD but they were all expired at the time of application and approval. All of her documents at time of application and approval was expired. The application did take some explanation as it involved some other issues. This is the reason that my case took a year to complete. However, they never asked for anything in regards to her asylum application. Best of luck.
OK. In my case, my husband never ever get any EAD's or work permits as his case was moved so fast and failed after appealing so many times. USCIS never issued any EAD's to him from day 1. We just have letters stating that he filled for asylum like so many letters BUT not any card or anything. So not sure will these letters work or not. His record is clear though he dont have tickets or any unacceptable activity or police record here in USA.