Refugee Claim

[Yasoo123456]

Hello,

We went to Canada last year through US and claimed asylem. Latter on we volunteerly withdrawn refugee claim due to our mother because she was alone in her own country and was recieving life threats. The Canadian government imposed one (01) year ban on us.

We were in swear mental pressure because she is old and heart patient. Now spending some time again in our country we have realised that its almost impossible to spend normal life because we are not doing any job also our kids not going to school. I have some questions now, please answer in detail.

1. Is it possible for us now to enter into canada again through US beacuse our US visit visa is for 5 years and still valid.?
2. Will US government allow us to enter in its premises.?
3. If we enter to Canada then whats the chance of refugee claim.?

Please guide us any possible way to enter in to the Canada.

 

[scylla]

Hello,

We went to Canada last year through US and claimed asylem. Latter on we volunteerly withdrawn refugee claim due to our mother because she was alone in her own country and was recieving life threats. The Canadian government imposed one (01) year ban on us.

We were in swear mental pressure because she is old and heart patient. Now spending some time again in our country we have realised that its almost impossible to spend normal life because we are not doing any job also our kids not going to school. I have some questions now, please answer in detail.

1. Is it possible for us now to enter into canada again through US beacuse our US visit visa is for 5 years and still valid.?
2. Will US government allow us to enter in its premises.?
3. If we enter to Canada then whats the chance of refugee claim.?

Please guide us any possible way to enter in to the Canada.

There is a good chance your U.S. visa has been canceled. You should contact your local U.S. Embassy / Consulate to confirm before booking any travel.

If your U.S. visa is still valid, it's possible you may have issues entering the U.S. once you arrive. It's really impossible for any of us to answer this question. You may be allowed in or you may be refused and sent home.

Launching another refugee claim in Canada will be challenging since you volutarily withdrew your first claim and returned home. This will likely be viewed as evidence that you do not have grounds for a strong refugee claim. The issues you've described (e.g. not doing jobs, children not going to school) generally aren't strong grounds for a refugee claim. You need to prove persecution. It sounds like you may be economic refugees looking for a better life in terms of jobs and education for your children. If that's the case, I would strongly encourage you to look into the Express Entry immigration program.

Good luck.

 

[Yasoo123456]

By not doing jobs and school, I mean we are hiding somewhere. This time we want to take our mother with us so will apply for her as well and will use the same route.
I think contacting local US embassy can create problems for us, correct me if I am wrong.

 

[scylla]

By not doing jobs and school, I mean we are hiding somewhere. This time we want to take our mother with us so will apply for her as well and will use the same route.
I think contacting local US embassy can create problems for us, correct me if I am wrong.

I don't know. You will have to ask this question on a U.S. immigration forum.

 

[canuck78]

Would add that if you crossed through the irregular border last year the rules have changed and most caught are returned back to the US.

 

[Yasoo123456]

Yes, we went through irregular border but Canada and US have signed an MOU regarding it. if its so than can you share the current rule with us.

 

[scylla]

Yes, we went through irregular border but Canada and US have signed an MOU regarding it. if its so than can you share the current rule with us.

There are temporary measures in place right now due to COVID-19 regarding irregular border crossings. These temporary measures override the MOU. These changes were announced back in March I think (again, temporary due to COVID-19).

https://nationalpost.com/news/canada/u-s-to-return-canada-bound-asylum-seekers-stopped-at-border-to-home-nations

If you attempt an irregular crossing while COVID-19 restrictions are in place, you should expect that you will be returned to the U.S. and the U.S. will then remove you back to your home country.

 

[Das67]

https://www.google.com/amp/s/globalnews.ca/news/7205230/federal-court-rules-canada-u-s-safe-third-country-agreement-unconstitutional/amp/

 

[Buletruck]

https://www.google.com/amp/s/globalnews.ca/news/7205230/federal-court-rules-canada-u-s-safe-third-country-agreement-unconstitutional/amp/

Means nothing at this point in time. Expect the government to appeal as this is a sensitive topic for Canadians. If nothing else, the current government will want to show it at least made an effort to challenge the rulin (by a single judge no less) and run it through the appeals courts. If thing in the US change after the election, the judgement today could be challenged again on circumstance. This won’t go unchallenged.