Asylum Application

[youngfellow]

The matter of fact that his wife and kids obtained the B1/B2 Visa from US consulate of his country of origin is a big red flag towards his refugee case in US. The problem is that they must omit or intentionally lied something in their VISA application, and if later it comes out of the light, they can be banned by US for life for misrepresentation.

No. If you can not see the whole picture then don't conclude. Being called a liar because I asked for advice is quite impolite! If something in what I have said so far is unclear, please ask and if I deem it necessary, I will respond, with the the truth. Not everyone is a liar. The truth often gets you the furthest and with less hassle too.

 

[youngfellow]

Nope, what will be found is your application in USA. Canada and USA do share information and checking with USA is the first thing they do.
So they will know about it and they will know about illegal crossing.
So yes it will look like asylum shopping which is not taken kindly.
And even if you withdraw your application in USA, the trace will be there and the question why did you withdraw will be the same.
That is why the best advice is to focus on your application in USA, rather than try Canada. Because the most certain outcome is deportation.

Thank you Vensak. Much appreciated.

 

[Miraclejj]

No. If you can not see the whole picture then don't conclude. Being called a liar because I asked for advice is quite impolite! If something in what I have said so far is unclear, please ask and if I deem it necessary, I will respond, with the the truth. Not everyone is a liar. The truth often gets you the furthest and with less hassle too.

Well, unfortunately, by telling a truth isn't impolite. I am quite familiar with US immigration Laws and procedures. With a family member claimed refuge in US, the chance to get B1/B2 VISA reduces to zero, same as if you have a family member that is out of the status in US. So you can enlighten me how your wife and kids obtained B1/B2 VISA, if they are 100% truthfully disclose all required information on DS160 form?

 

[youngfellow]

Well, unfortunately, by telling a truth isn't impolite. I am quite familiar with US immigration Laws and procedures. With a family member claimed refuge in US, the chance to get B1/B2 VISA reduces to zero, same as if you have a family member that is out of the status in US. So you can enlighten me how your wife and kids obtained B1/B2 VISA, if they are 100% truthfully disclose all required information on DS160 form?

Obviously, no one has a monopoly of information nor knowledge and as much as you think you know, you don't know it all. We all applied for and received B1-B2 visas and while I decided to remain in the US because of a certain situation I was and am trying to avoid back home, my wife decided to return to our home country as she was and is not affected by my issues directly. Her visa remains valid and Homeland Security is well aware that I and the children are here, we have a pending application for asylum and my wife is free to come and go as she pleases. Now, please tell me and others where the lie is or set aside the unhelpful comments. Thank you.

 

[hamgha]

Obviously, no one has a monopoly of information nor knowledge and as much as you think you know, you don't know it all. We all applied for and received B1-B2 visas and while I decided to remain in the US because of a certain situation I was and am trying to avoid back home, my wife decided to return to our home country as she was and is not affected by my issues directly. Her visa remains valid and Homeland Security is well aware that I and the children are here, we have a pending application for asylum and my wife is free to come and go as she pleases. Now, please tell me and others where the lie is or set aside the unhelpful comments. Thank you.

if she can come and go as she pleases to her home country what will be the asylum claim based on?

 

[youngfellow]

if she can come and go as she pleases to her home country what will be the asylum claim based on?

The situation continues to unfold but looking as far as one can, without being paranoid, the need to move on is unfolding. I apologise for the cryptic nature of my response.

 

[Rob_TO]

my wife decided to return to our home country as she was and is not affected by my issues directly. Her visa remains valid and Homeland Security is well aware that I and the children are here, we have a pending application for asylum and my wife is free to come and go as she pleases. Now, please tell me and others where the lie is or set aside the unhelpful comments. Thank you.

I hope you realize how damaging this will be to any asylum claim she is able to make in Canada. Due to her recent travels back to home country instead of claiming asylum in USA, she will need exceptionally strong evidence like police reports, hospital records, etc that show a direct threat to her life only after she returned back to home country the last time. If she doesn't have this type of evidence, any claim she makes in Canada would have a very high chance of rejection after which she would be deported back to her home country, not to the USA. Once she attempts the asylum claim in Canada she may be unable to ever return to the USA unless your own claim is successful and you can then sponsor her for spouse green card.

 

[youngfellow]

I hope you realize how damaging this will be to any asylum claim she is able to make in Canada. Due to her recent travels back to home country instead of claiming asylum in USA, she will need exceptionally strong evidence like police reports, hospital records, etc that show a direct threat to her life only after she returned back to home country the last time. If she doesn't have this type of evidence, any claim she makes in Canada would have a very high chance of rejection after which she would be deported back to her home country, not to the USA. Once she attempts the asylum claim in Canada she may be unable to ever return to the USA unless your own claim is successful and you can then sponsor her for spouse green card.

Thanks Rob. You might have been able to infer from some of my earlier comments that my wife is not keen on leaving our home country. However, by virtue of her position as a very senior, civil member of government, issues are unfolding that might, at some point in the unforeseeable future, require her to leave. I know a good question to follow is why Canada and not the US, right? She believes Canada is more family friendly and rightly or wrongly also believes she will be safer there, if and when that time comes.

 

[vensak]

Thanks Rob. You might have been able to infer from some of my earlier comments that my wife is not keen on leaving our home country. However, by virtue of her position as a very senior, civil member of government, issues are unfolding that might, at some point in the unforeseeable future, require her to leave. I know a good question to follow is why Canada and not the US, right? She believes Canada is more family friendly and rightly or wrongly also believes she will be safer there, if and when that time comes.

Look if you want to choose Canada, then EE option is the right one. Asylum is not for the choice of the country that I like, but to settle down in the first safe country where my life is not threatened.
That is exactly why her try will be seen as country shopping and trying to skip the queue and other criteria by claiming asylum (like to have certain language level, education and work experience to start with).
Additionally here rejected asylum claim might even influence your ongoing process in USA. So you might loose everything by such move.

 

[hamgha]

The situation continues to unfold but looking as far as one can, without being paranoid, the need to move on is unfolding. I apologise for the cryptic nature of my response.

you are allowed to be as cryptic as you want. but from the information at hand everyone in the forum is trying to show you that the plan you have in mind can end up having negative consequences rather than what you are hoping for. good luck!

 

[Rob_TO]

Thanks Rob. You might have been able to infer from some of my earlier comments that my wife is not keen on leaving our home country. However, by virtue of her position as a very senior, civil member of government, issues are unfolding that might, at some point in the unforeseeable future, require her to leave. I know a good question to follow is why Canada and not the US, right? She believes Canada is more family friendly and rightly or wrongly also believes she will be safer there, if and when that time comes.

You haven't posted details on what the basis of her refugee claim will be or what country she is from, but you better make sure you and her understand the burden of proof required for getting a claim approved by Canada. If she is "not keen on leaving" your home country right now, I have no idea what sudden situation could happen that will convince Canada she is suddenly a refugee. As I stated, she will need to show some specific evidence of threats to her life, such as police reports or articles published specifically naming her. A change in government or regime in her home country, will not be sufficient.

 

[canuck78]

We can all assume it is most likely Turkey. As mentioned previously going back and forth to your home country will cause huge problems when claiming asylum. If you have remained in the US and are basing your family claim on being persecuted then you have grounds. If your wife has returned to her home country and then tries to claim asylum for your family you may have some big challenges proving that you need asylum.

 

[Buletruck]

The big issue is having gone back, but another consideration, is your wife's' affiliation with the government in which ever country you are from. As a government official, expect that, if your country's government isn't on Canada's nice list, there will be extensive background checks and the potential for rejection due to party affiliation.

 

[sonammmmmm]

hi, I am planning to apply for express entry I am in Canada on the work permit. my question is can i apply for my spouse who has pending asylum in united states

 

[Alurra71]

hi, I am planning to apply for express entry I am in Canada on the work permit. my question is can i apply for my spouse who has pending asylum in united states

Not nice to hijack other peoples threads. You should start your own.

Short answer is Yes, you MUST include your wife on your immigration application for Canada.