Asylum Interview decision pending in USA

[Zeesha]

Hi,
My friend claimed asylum in USA, did her asylum interview last year January and the decision is still pending for almost a year now. She wants to claim asylum in Canada because she’s having a severe life threat in her birth country. She went through lots of torture in her birth country.

My question is “will she able to claim asylum in Canada by traveling through a travel document” ?
FYI she doesn’t have any relations in Canada but only a friend is there.

I will really appreciate if anyone reply to this.

Thank You.

 

[scylla]

No - she can't due to the safe third country agreement. She should wait out the processing of her asylum case in the U.S.

Even if she could apply through Canada, she would still be looking at long wait times (2-3 years).

 

[Zeesha]

No - she can't due to the safe third country agreement. She should wait out the processing of her asylum case in the U.S.

Even if she could apply through Canada, she would still be looking at long wait times (2-3 years).

She can wait because in Canada they give refugee benefits but in USA she doesn’t get anything. Only her time is wasting.

Some of our friends suggesting she can claim in Canada. But I just want to make sure. Her case is very strong.

 

[scylla]

She can wait because in Canada they give refugee benefits but in USA she doesn’t get anything. Only her time is wasting.

Some of our friends suggesting she can claim in Canada. But I just want to make sure. Her case is very strong.

Again, due to the safe third country agreement, she cannot claim asylum in Canada if she enters at a land border crossing. The safe third country agreement states that she must claim asylum in the first safe country she reaches - that's the US in her case.

She would need to enter Canada illegally if she wants to try to claim asylum here.

 

[jddd]

She can wait because in Canada they give refugee benefits but in USA she doesn’t get anything. Only her time is wasting.

Some of our friends suggesting she can claim in Canada. But I just want to make sure. Her case is very strong.

What you have described is called asylum shopping. Just because she may be able to get benefits in Canada does not mean she will be granted asylum here and does not give her the right to abandon her claim in the US to pursue one here.

Also agree with scylla, since your friend has no family in Canada, the safe third country agreement states she is to be turned back to the USA.

 

[zardoz]

She can wait because in Canada they give refugee benefits but in USA she doesn’t get anything. Only her time is wasting.

Some of our friends suggesting she can claim in Canada. But I just want to make sure. Her case is very strong.

She will be rejected, as stated above. She will also probably lose any chance in the USA. It's a very quick way to get sent back to her home country.

 

[Zeesha]

Again, due to the safe third country agreement, she cannot claim asylum in Canada if she enters at a land border crossing. The safe third country agreement states that she must claim asylum in the first safe country she reaches - that's the US in her case.

She would need to enter Canada illegally if she wants to try to claim asylum here.

Illegally entering that’s what many told her. But she’s little scared? Is it safe for her? She was already went through alot torture and abuses in her past life. All she need is a good place and a better future.

Will they accept her claim if she comes illegally or can they deport her? Can you please explain briefly. Will really appreciate

 

[Zeesha]

What you have described is called asylum shopping. Just because she may be able to get benefits in Canada does not mean she will be granted asylum here and does not give her the right to abandon her claim in the US to pursue one here.

Also agree with scylla, since your friend has no family in Canada, the safe third country agreement states she is to be turned back to the USA.

All she need is her asylum interview decision. She requested the office so many time but all they say is pending pending pending. Also in USA she can’t apply for medical insurance until she get her asylum decision. She’s having medical issues too due to the abuses she had in her past life. As a friend I’m trying to help her. She can’t afford for her medical bills.

 

[jddd]

All she need is her asylum interview decision. She requested the office so many time but all they say is pending pending pending. Also in USA she can’t apply for medical insurance until she get her asylum decision. She’s having medical issues too due to the abuses she had in her past life. As a friend I’m trying to help her. She can’t afford for her medical bills.

I’m not discounting her former claims of abuse. I am saying that factually, what she wants to do is called asylum shopping. I am saying that once Canada finds out she has a pending case in the USA, the likelihood of rejection jumps very high because she abandoned a claim in a safe country to be able to get benefits in Canada.

I don’t know you nor your friend. I am simply giving you some facts from my own experience working in an immigration law firm specializing in refugee claims.

I wish your friend luck no matter what.

 

[Zeesha]

What you have described is called asylum shopping. Just because she may be able to get benefits in Canada does not mean she will be granted asylum here and does not give her the right to abandon her claim in the US to pursue one here.

Also agree with scylla, since your friend has no family in Canada, the safe third country agreement states she is to be turned back to the USA.

She’s having a life threat in her back home. All she needs a safe place. In USA claiming asylum is really very poor and slow. Her case is very strong but still she didn’t receive anything. Even if they referred her case to court she might feel better. She didn’t get any decisions. Waiting for interview decision this long is unfair. As a woman she is looking for a safe place.

 

[jddd]

She’s having a life threat in her back home. All she needs a safe place. In USA claiming asylum is really very poor and slow. Her case is very strong but still she didn’t receive anything. Even if they referred her case to court she might feel better. She didn’t get any decisions. Waiting for interview decision this long is unfair. As a woman she is looking for a safe place.

Unfortunately, my comment and opinion does not change. Again, what I said are what I know based on our cases where I work. Others may have different opinions or observed differently.

What is sure though is that if she abandons the claim in the US and if her claim gets rejected in Canada, she will be deported to her home country because the US will no longer accept her to continue her claim there.

 

[21Goose]

She’s having a life threat in her back home. All she needs a safe place. In USA claiming asylum is really very poor and slow. Her case is very strong but still she didn’t receive anything. Even if they referred her case to court she might feel better. She didn’t get any decisions. Waiting for interview decision this long is unfair. As a woman she is looking for a safe place.

The fairness or unfairness doesn't really enter into it. What people are telling you is what is likely to happen as per the law of Canada and international agreements.

It is unfortunate, but asylum seekers and refugees have a very hard time through what's usually no fault of their own. At the very least, your friend is in a safe country. There's nothing she can do but wait for the decision.

Attempting to enter Canada illegally and claiming asylum will in all likelihood lead to her losing her claim in the US as well as in Canada.

 

[Zeesha]

The fairness or unfairness doesn't really enter into it. What people are telling you is what is likely to happen as per the law of Canada and international agreements.

It is unfortunate, but asylum seekers and refugees have a very hard time through what's usually no fault of their own. At the very least, your friend is in a safe country. There's nothing she can do but wait for the decision.

Attempting to enter Canada illegally and claiming asylum will in all likelihood lead to her losing her claim in the US as well as in Canada.

FYI She wants to come legally not illegally. Anyways thank you.

 

[21Goose]

FYI She wants to come legally not illegally. Anyways thank you.

Illegally entering that’s what many told her. But she’s little scared? Is it safe for her? She was already went through alot torture and abuses in her past life. All she need is a good place and a better future.

Will they accept her claim if she comes illegally or can they deport her? Can you please explain briefly. Will really appreciate

I was just responding to this. I'm not trying to attack you - personally, I wish your friend good luck

 

[Bornlucky]

Here's food for thought - the charge and penalty for abetting illegal entry into Canada. https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-22.html#h-70

BTW, who are you proposing will pay for her medical needs should you successfully assist her in contravening Canada's laws?

Human Smuggling and Trafficking
Marginal note:Organizing entry into Canada

• 117 (1) No person shall organize, induce, aid or abet the coming into Canada of one or more persons knowing that, or being reckless as to whether, their coming into Canada is or would be in contravention of this Act.
  
  
• Marginal noteenalties — fewer than 10 persons
  
  (2) A person who contravenes subsection (1) with respect to fewer than 10 persons is guilty of an offence and liable
  
  • (a) on conviction on indictment
    
    • (i) for a first offence, to a fine of not more than $500,000 or to a term of imprisonment of not more than 10 years, or to both, or
      
      
    • (ii) for a subsequent offence, to a fine of not more than $1,000,000 or to a term of imprisonment of not more than 14 years, or to both; and
      
  • (b) on summary conviction, to a fine of not more than $100,000 or to a term of imprisonment of not more than two years, or to both