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Applied as refugee in the U.S but want to visit Canada

madome

Newbie
Sep 15, 2015
7
0
Hi, I applied as a refugee in the U.S but I would like to visit Canada to see my relatives there and then come back to the U.S, will I be eligible for a visa to Canada? If so, do I say that am a visitor in the U.S in the application or what do I say?
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You can certainly try applying for a visa to Canada - but there's a very high chance of refusal based on your refugee status in the US. The US and Canada share records. When you apply, you must say that you are a refugee applicant. If you lie and just say you're a visitor - you can expect your application to be refused for misrepresentation and to receive a five year ban from entering Canada for lying.

Have you invetigated what will happen if you leave the US during the refugee process? Make sure this won't cancel your refugee claim in the US.
 

madome

Newbie
Sep 15, 2015
7
0
Thanks Scylla,

But what do you mean depending on my refugee status in the U.S? I still didn't get any answer for my refugee status in the U.S. My lawyer told me I can go to Canada and come back it would be ok.
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
As long as your lawyer said it was fine for you to leave and return - then I don't see a problem.

I expect the chances of obtaining an approved visitor visa for Canada are low - but by all means go ahead and apply. To be approved for a visitor visa, CIC wants to see that you have strong ties to your home country and have plans to return home after you visit to Canada. As a refugee claimant in the US, you can't demonstrate strong ties to your home country and it's quite clear that you do not want to return there based on your refugee claim. Because on this, there's unfortunately a good chance your visitor visa to Canada will be denied. But again, go ahead and try - you could very well get lucky.
 

madome

Newbie
Sep 15, 2015
7
0
Thanks Scylla,

what if my visa to the U.S is still valid, do I apply as refugee claimant? How can I prove the am really going back to the U.S which is what am really going to do as I am not really interested in staying in Canada?
 

madome

Newbie
Sep 15, 2015
7
0
Also, what if am "approved" as a refugee in the U.S, will I still have low chances of having a visa to Canada? Will I still be considered as refugee claimant? Do you recommend I wait until I get the approval? If so, what would my status in the application be?

Thanks for clarifying the questions in this comment and the previous one as well.
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
It doesn't matter that your US visitor visa is still valid - you need to declare your refugee claim in your application.

If you wait until you have your green card, then you'll be able to enter Canada without obtaining a visa first.
 

madome

Newbie
Sep 15, 2015
7
0
Hi Scylla,

but there's time between the time I get green card and the time I am approved for the green card, will I be able to apply during that time? What would my status be at that time?
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
madome said:
Hi Scylla,

but there's time between the time I get green card and the time I am approved for the green card, will I be able to apply during that time? What would my status be at that time?
You can certainly apply during that time but as I mentioned earlier, your chances of approval will be much lower. Your status will be refugee applicant / refugee claimant.
 

madome

Newbie
Sep 15, 2015
7
0
Thanks Scylla,

but refugee applicant is different than approved refugee, an approved refugee is now a permanent resident to the U.S and can go out of U.S and come back to it later on as this status doesn't expire in the U.S and allows you to return to the U.S.

So in fact I guess it's considered as permanent residence status not refugee applicant. Also as mentioned here: ww.uscis.gov/humanitarian/refugees-asylum/refugees

A refugee is someone located outside USA who asked for refugee status, in my case it's considered Asylum, and with the papers I have when am approved, it will be as permanent residency in the U.S until I just get the green card.
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
Job Offer........
Pre-Assessed..
madome said:
Thanks Scylla,

But what do you mean depending on my refugee status in the U.S? I still didn't get any answer for my refugee status in the U.S. My lawyer told me I can go to Canada and come back it would be ok.
1. Before you listen to this lawyer or even think of departing the US have you filed for advanced parole (AP)? For most countries including the US if you have an asylum/refugee claim in progress and leave the country before its decided without the permission of the immigration authorities then you are abandoning your claim. Even if you get AP re-entry into the US may still/will be major hassle.

2. Visitor visas are issued on the strength of socio economic ties to your home country or a third country where you typically have permanent residence or other long term status. Canada expects you to visit for less than 6 months while ideally spending lots of cash to boost the economy then go home like a bona fide tourist would. You have fled your country and via an asylum claim expressed an undeniable wish/desire to not return there and you have no definitive US status other than a prospective 'asylee' probably with no employment so right there you have a problem. You are most likely going to get bounced for your Canadian visa (fill out other and then asylum claimant for status) but you won't know till you try.

Its your choice but waiting for your GC to be issued would take care of the US re-entry issue and give you visit visa free entry to Canada. You should also check with your relatives if they can instead visit you in the US pending the approval of your claim.

Good luck!
 

madome

Newbie
Sep 15, 2015
7
0
Thanks Msafiri for your answer. But you forgot that after I left my country, I settled in the U.S, so if I get approval from the U.S that I am not accepted as a refugee and now just waiting for my GC, it allows me to leave the U.S and come back to it, this is what the law says, meaning you're now considered as a permanent resident in the U.S but just waiting for your GC, so in this case I guess you can make a visitor visa to Canada and mention in the application that you're a permanent resident in the U.S.

What would make someone accepted to have GC in the U.S go to Canada and decide to be there? If you can provide the papers that you were accepted for the GC in the U.S, I don't think visa to Canada would be a problem before obtaining the GC, just provide proof of acceptance for GC.
 

Brittany12

Member
Sep 14, 2015
12
0
I saw this question and wanted to ask. If someone got his approval papers that he is approved as an asylum in the U.S, will he be able to cross the borders to Canada with these papers? He's only waiting to get his green card.