A Canadian citizen marrying an illegal in USA

[Able18]

Hello, me and my boyfriend have been together from almost a year now. I am a Canadian citizen. He came to USA through the Student Visa from U.A.E almost 10 years ago. He got out of status because after some time he stopped attending his college due to his health problems. After his visa got expired he got jailed but since all his record was clear they released him on bail bond. He attended all the court dates after that. They gave him 120 days to go back and come back with the new Visa. But it was not possible for him to do that because in Arab after living with parents when you get older you need to have a new Visa to start work. His Visa under parents got Expired so for his education he came to USA when he was 18. The only option left was to go to Pakistan but situations their aren't well or safe enough so he stayed there. Now he is illegal there.

We have planned for getting married there in USA and on border we apply for his asylum. The question is, is that is possible? He can't go back now because he will get deported and that is another long process. The only place he can go to is Pakistan but its not safe and he don't want to go there.
Is there any trouble free way to get him here in Canada if not the one we have planned?

Help would be appreciated.
Thanks.

 

[scylla]

His asylum application won't be accepted by Canada due to the safe third country agreement. This agreement essentially states that since he is arriving from a safe third country (the US) he can't apply for asylum in Canada. If you want more information, google "safe third country agreement". I really don't think asylum is an option for you.

I think your best option is to sponsor him to Canada as your spouse once you are married. He can request Buffalo as his processing office since he was originally admitted to the US as a student (this means that if an interview is required, it will be held in the US rather than Pakistan). He will have to remain in the US until his appliction is approved. As part of the sponsorship application, you will have to submit proof that you have a genuine relationship and this isn't a MOC (marriage of convenience) to get him status in Canada.

Hopefully others will comment and give you their thoughts as well.

Also, hopefully he is aware that as soon as he leaves the US, he is going to be banned from re-entering the US for 10 years due to his overstay.

 

[Able18]

Your reply is helpful and appreciated!. I'll check the "Safe third country agreement" as well. Thank you for your opinion.

 

[newtone]

Whatever you do knowingly or unknowingly make sure this is not a marriage of convenience. As far as I know Pakistan is a safe country and foreign males over the age of 18 in U.A.E cannot be under the sponsorship of their parents. Having said that he could go to U.A.E under work permit or under the sponsorship of a University. If he cannot study due to health reasons I don't see his urgency to marry due to the same reasons

 

[Able18]

Thanks for your opinion! Its not a MOC for sure! going back to U.A.E is not an option because we want to start our life. I live in Canada that's why we have planned to get him here so we can live together. We are different caste. Pakistan's situation is not safe specially on religion bases. If he goes back it will take 2-5 years to get him here. That is why we were planning to get him asylum. If we do that on border would that work because there is no other option now?

 

[newtone]

Its going to be hard for him to get immigration, Canada is not going to look at his case favourably considering he overstayed his welcome in U.S. The case may hang for about 7 to 8 years which means he could be under removal order anytime. Really depends if you want to be with someone whos future is uncertain? I dont know if the religious aspect would hold considering there are many religions in Pakistan living safely without being persecuted. For exaple wearing a burqa in France is outlawed, does it mean Muslim people are being persecuted? and they sould seek asylum in Canada? There is no law in Pakistan that says you will be persecuted if you belong to a certain religion. Pakistan soverign country and is part of United Nations which holds certain standards governing protection to religious minorites.
Your situation is unique, I am no expert but I would strongly suggest you hire a lawyer and see what could be done.

 

[Junaid.Bjorn]

Its going to be hard for him to get immigration, Canada is not going to look at his case favourably considering he overstayed his welcome in U.S. The case may hang for about 7 to 8 years which means he could be under removal order anytime. Really depends if you want to be with someone whos future is uncertain? I dont know if the religious aspect would hold considering there are many religions in Pakistan living safely without being persecuted. For exaple wearing a burqa in France is outlawed, does it mean Muslim people are being persecuted? and they sould seek asylum in Canada? There is no law in Pakistan that says you will be persecuted if you belong to a certain religion. Pakistan soverign country and is part of United Nations which holds certain standards governing protection to religious minorites.
Your situation is unique, I am no expert but I would strongly suggest you hire a lawyer and see what could be done.

Sorry for interrupting.
I believe, that your boyfriend is an Ahmadi? The only sect being openly persecuted in Pakistan.

I agree with newtone. It will be very hard convincing the Buffalo officials that your boyfriend is indeed a person who isn't involved in MOC. The records go against him

 

[ojooluseguno]

In addition to all that has been said, I am not an expert but I doubt if Canada will accept him due to his health issues.

 

[scylla]

In addition to all that has been said, I am not an expert but I doubt if Canada will accept him due to his health issues.

Spouses are exempt from the "burned on the health care system" rule. This means that unless a sponsored spouse has a communicable disease (e.g. tuberculosis), then cannot be denied for health reasons.

 

[Baloo]

Spouses are exempt from the "burned on the health care system" rule. This means that unless a sponsored spouse has a communicable disease (e.g. tuberculosis), then cannot be denied for health reasons.

Many call it "EDE", Excessive Demand Exempt.

;D

 

[scylla]

Many call it "EDE", Excessive Demand Exempt.

;D

Thanks!!! I hadn't eaten lunch yet and was blanking on the official term. ;D