Can a Detained Refugee in the USA Pursue Voluntary Departure and Seek Asylum in Canada?

[elhwe]

Hello! I have a partner (we are not legally married) who is currently detained in the USA, and is a refugee. He is exploring the option of voluntary departure and wishes to immigrate to Canada instead rather than being returned to his home country as it would put him in danger.

Is this possible? Would this interfere at all with him seeking asylum in Canada?

Thank you!

 

[Copingwithlife]

Hello! I have a partner (we are not legally married) who is currently detained in the USA, and is a refugee. He is exploring the option of voluntary departure and wishes to immigrate to Canada instead rather than being returned to his home country as it would put him in danger.

Is this possible? Would this interfere at all with him seeking asylum in Canada?

Thank you!

And you’re Canadian ?

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement.html#toc1

 

[elhwe]

And you’re Canadian ?

Yes, I am Canadian myself.

 

[canuck78]

How would they qualify to avoid deportation to home country and come to Canada?

 

[elhwe]

How would they qualify to avoid deportation to home country and come to Canada?

Sorry, I should have been more specific. He is not in the process of being deported.

Rather, he was brought by his family from Georgia into the United States and has been put in an ICE processing centre on behalf of his mother's case while the rest of his family waits out the court proceedings in the USA. It is going extremely slow and he is nearly six months in without having his first court. He is considering voluntary departure in hopes of migrating to Canada with his family instead.

We are under the assumption voluntary departure would mean he is forced to leave the USA. However, they cannot return to his home country due to danger. I am wondering if it is possible he would be able to claim asylum in Canada due to something like the STCA after being granted voluntary departure? Or would he have to return to his home country?

If there is any better way I can answer your question, please let me know. I am not very legally informed. Thank you for your patience.

 

[Simba112]

Sorry, I should have been more specific. He is not in the process of being deported.

Rather, he was brought by his family from Georgia into the United States and has been put in an ICE processing centre on behalf of his mother's case while the rest of his family waits out the court proceedings in the USA. It is going extremely slow and he is nearly six months in without having his first court. He is considering voluntary departure in hopes of migrating to Canada with his family instead.

We are under the assumption voluntary departure would mean he is forced to leave the USA. However, they cannot return to his home country due to danger. I am wondering if it is possible he would be able to claim asylum in Canada due to something like the STCA after being granted voluntary departure? Or would he have to return to his home country?

If there is any better way I can answer your question, please let me know. I am not very legally informed. Thank you for your patience.

I am assuming he has active refugee claim in the US, if so he can not claim refugee in Canada

Your refugee (asylum) claim may not be eligible if you:

• are recognized as a Convention refugee by another country that you can return to
• already have protected person status in Canada
• are subject to a removal order
• have already made a refugee claim in another country
• are inadmissible to Canada on security grounds or because of criminal activity or human rights violations
• made a previous refugee claim in Canada that was determined to be ineligible
• made a previous refugee claim in Canada that was rejected, abandoned or withdrawn
• entered Canada from the U.S. along the land border (see below)

https://www.canada.ca/en/immigration-refugees-citizenship/services/asylum/in-canada/eligibility.html

 

[elhwe]

I am assuming he has active refugee claim in the US, if so he can not claim refugee in Canada

Your refugee (asylum) claim may not be eligible if you:

• are recognized as a Convention refugee by another country that you can return to
• already have protected person status in Canada
• are subject to a removal order
• have already made a refugee claim in another country
• are inadmissible to Canada on security grounds or because of criminal activity or human rights violations
• made a previous refugee claim in Canada that was determined to be ineligible
• made a previous refugee claim in Canada that was rejected, abandoned or withdrawn
• entered Canada from the U.S. along the land border (see below)

https://www.canada.ca/en/immigration-refugees-citizenship/services/asylum/in-canada/eligibility.html

This is super helpful. Thank you!

 

[canuck78]

Sorry, I should have been more specific. He is not in the process of being deported.

Rather, he was brought by his family from Georgia into the United States and has been put in an ICE processing centre on behalf of his mother's case while the rest of his family waits out the court proceedings in the USA. It is going extremely slow and he is nearly six months in without having his first court. He is considering voluntary departure in hopes of migrating to Canada with his family instead.

We are under the assumption voluntary departure would mean he is forced to leave the USA. However, they cannot return to his home country due to danger. I am wondering if it is possible he would be able to claim asylum in Canada due to something like the STCA after being granted voluntary departure? Or would he have to return to his home country?

If there is any better way I can answer your question, please let me know. I am not very legally informed. Thank you for your patience.

Would add that if you are in a processing centre you can only do a voluntary departure normally to your home country and you are either flown home on a charter or accompanied to your flight to make sure you leave.

 

[forevermore76]

Sorry, I should have been more specific. He is not in the process of being deported.

Rather, he was brought by his family from Georgia into the United States and has been put in an ICE processing centre on behalf of his mother's case while the rest of his family waits out the court proceedings in the USA. It is going extremely slow and he is nearly six months in without having his first court. He is considering voluntary departure in hopes of migrating to Canada with his family instead.

We are under the assumption voluntary departure would mean he is forced to leave the USA. However, they cannot return to his home country due to danger. I am wondering if it is possible he would be able to claim asylum in Canada due to something like the STCA after being granted voluntary departure? Or would he have to return to his home country?

If there is any better way I can answer your question, please let me know. I am not very legally informed. Thank you for your patience.

Trump just suspended refugee resettlement but the extent is not yet reported. It would mean faster processing for people already in detention but also increase risk of deportation if the claim is not valid. You can always look in to sponsoring your partner.