Husband is USA waiting for Asylum court

[trac2]

My husband is in detention in USA waiting for asylum hearing. I am a Canadian citizen.
Due to credible fear he had to leave his home country before I could put in sponsorship application.
Am I able to sponsor him during his asylum process?
Any suggestions would be VERY helpful

 

[scylla]

My husband is in detention in USA waiting for asylum hearing. I am a Canadian citizen.
Due to credible fear he had to leave his home country before I could put in sponsorship application.
Am I able to sponsor him during his asylum process?
Any suggestions would be VERY helpful

You can certainly try sponsoring him for PR through spousal sponsorship. However since he's in detention, I'm not sure the application will be successful.

He will need to have a valid passport in order for you to sponsor him. He will also need to complete a medical and likely biometrics, which he cannot do while in detention. It's also possible he may have to complete an interview (which again, he cannot do while in detention). Also, he will have to sign the sponsorship paperwork before it can be submitted. An original signature is required.

It may make more sense for him to accept voluntary deportation and return to his home country so that you can successfully sponsor him for PR. Again, I'm not sure that's going to be possible while he's in detention.

 

[trac2]

he might be released on US soil on parole after his 1st hearing, how do you think it may pan out if he comes to Canada and enters under the third country agreement under exceptions because he is my husband? I know the time lines are tight between inland sponsorship and refugee acceptance/applications but if he returns to his home country he could face serious complications/persecution. Also will Canada think negative on an sponsorship application if he returns as they will see he asks for asylum in the USA.

 

[scylla]

he might be released on US soil on parole after his 1st hearing, how do you think it may pan out if he comes to Canada and enters under the third country agreement under exceptions because he is my husband? I know the time lines are tight between inland sponsorship and refugee acceptance/applications but if he returns to his home country he could face serious complications/persecution. Also will Canada think negative on an sponsorship application if he returns as they will see he asks for asylum in the USA.

If he's released from US detention - that would certainly open up possibilities for spousal sponsorship. He'll need access to a valid passport.

I'm not sure I would recommend coming to Canada and claiming asylum (he would have to claim asylum in Canada if he wants to enter under the third country agreement exemption). He's already claimed asylum in the U.S. - jumping to Canada and claiming asylum here too could create issues with your spousal sponsorship application and make IRCC concerned that he's willing to do anything (including engage in a marriage of convenience) in order to get PR.

Not sure - hard to say what to do. Ideally I think it would be best for him to continue with his claim in the US while you sponsor him for PR.

 

[trac2]

Do you know how he could get his passport back?

 

[trac2]

I appreciate all your valuable information

 

[scylla]

Do you know how he could get his passport back?

You'll need to post that question to a US immigration forum. My guess is that he can only get his passport back if he withdraws his aslyum claim and agrees to return to his home country.