Asylum pending for 2 years in USA and I want to reclaim asylum in Canada under family exception

[Mkash]

Hi, my story is I’m from Gaza strip and I moved to USA and I applied for asylum in 2019 and i did not have the interview yet after 2 years ,, and there’s no way to investigate about my case specially there also people here have 7+ years waiting for their interview here, my family under danger in Gaza and i can’t bring them with me..
I have my Uncles live in Canada and i heard that there is an exception for a family member to claim Asylum in Canadian border
So my question is, Can I reclaim asylum in Canada if abandoned my asylum in USA under the family member exception ? And if I can is my abandoned asylum in usa will affect my case under ( asylum shopping)??
Thank you for reading

 

[scylla]

Hi, my story is I’m from Gaza strip and I moved to USA and I applied for asylum in 2019 and i did not have the interview yet after 2 years ,, and there’s no way to investigate about my case specially there also people here have 7+ years waiting for their interview here, my family under danger in Gaza and i can’t bring them with me..
I have my Uncles live in Canada and i heard that there is an exception for a family member to claim Asylum in Canadian border
So my question is, Can I reclaim asylum in Canada if abandoned my asylum in USA under the family member exception ? And if I can is my abandoned asylum in usa will affect my case under ( asylum shopping)??
Thank you for reading

Yes, based on the information you have provided, I believe it's possible for you to claim asylum in Canada.

Note that processing times in Canada are quite long as well and it will be a number of years before your family members in Gaza will be able to join you in Canada (assuming your refugee claim is successful).

 

[Mkash]

Yes, based on the information you have provided, I believe it's possible for you to claim asylum in Canada.

Note that processing times in Canada are quite long as well and it will be a number of years before your family members in Gaza will be able to join you in Canada (assuming your refugee claim is successful).

Do I have to go to the Border, or i do have to cross illegally? Like Roxham road ?
Thank you very much for your answer)

 

[Sakr77]

Hi, my story is I’m from Gaza strip and I moved to USA and I applied for asylum in 2019 and i did not have the interview yet after 2 years ,, and there’s no way to investigate about my case specially there also people here have 7+ years waiting for their interview here, my family under danger in Gaza and i can’t bring them with me..
I have my Uncles live in Canada and i heard that there is an exception for a family member to claim Asylum in Canadian border
So my question is, Can I reclaim asylum in Canada if abandoned my asylum in USA under the family member exception ? And if I can is my abandoned asylum in usa will affect my case under ( asylum shopping)??
Thank you for reading

My advice would be to consult a lawyer before crossing the borders

 

[Simba112]

Yes, based on the information you have provided, I believe it's possible for you to claim asylum in Canada.

Note that processing times in Canada are quite long as well and it will be a number of years before your family members in Gaza will be able to join you in Canada (assuming your refugee claim is successful).

Hello @scylla I am little confused when i read Paragraph A101 c.1 below. I thought poster is ineligible to apply for refugee claim provided he has claimed in other country that has info sharing agreement with Canada and that claim has been confirmed, in this case by US Authority. I cant see any waiver on. STCA

https://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-101.html

 

[scylla]

Hello @scylla I am little confused when i read Paragraph A101 c.1 below. I thought poster is ineligible to apply for refugee claim provided he has claimed in other country that has info sharing agreement with Canada and that claim has been confirmed, in this case by US Authority. I cant see any waiver on. STCA

https://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-101.html

You may be right. I thought the exceptions to the safe third country agreement override this (i.e. if you have family in Canada then you can still claim asylum). But you may very well be right.