Can I seek asylum in Canada while having pending asylum in USA?

[borderless]

Hi,

I have applied for political asylum in USA and it's been almost 2 years and didn't have any decision. They did not even send it to the court. So now I am thinking about seeking asylum in Canada through going to the border. I have my own brother in Canada who is granted asylum and my name is in his application.

So can you please advise if it is OK to apply for Asylum in Canada while having a pending asylum in USA? Please advise. It's very urgent and I really needs your advice.
thanks!

 

[scylla]

No you can't. See:

http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp

 

[NBaker]

In fact one can make a claim here if they are an exception to Safe Third even if a claim was made in the United States.

 

[ck03682]

What if the I (primary asylum applicant, from Iran) is in US and spouse (a derivative beneficiary in my asylum application is from India) is going to be in Canada for her H1b stamping - and in case of her visa denial to enter back in US - can she file an asylum in canada siting my asylum application in US in which she is added to as my spouse ?

 

[Gogia]

My opinion he can...his brother is in.canada he said...his asylum is approved he said...To my understanding...Nbaker is right...u can make claim...u have blood relation in canada...ease of establishment and support is avaiable for him....in canada for settlement from his brother...under exception category yes u can....

 

[Leon]

No you can't. See:

http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp

If you go to that link and click on Exceptions to the Agreement and Family member exceptions, you will find this:

Refugee claimants may qualify under this category of exceptions if they have a family member who:
•is a Canadian citizen
•is a permanent resident of Canada
•is a protected person under Canadian immigration legislation
•has made a claim for refugee status in Canada that has been accepted by the Immigration and Refugee Board of Canada (IRB)
•has had his or her removal order stayed on humanitarian and compassionate grounds
•holds a valid Canadian work permit
•holds a valid Canadian study permit, or
•is over 18 years old and has a claim for refugee protection that has been referred to the IRB for determination. (This claim must not have been withdrawn by the family member, declared abandoned or rejected by the IRB or found ineligible for referral to the IRB.)

So he may fall under that. Also keep in mind that if you fly rather than cross by land, you do not fall under the safe 3rd country agreement unless you have been refused asylum in the US and are in the process of being deported:

The Safe Third Country Agreement applies only to refugee claimants who are seeking entry to Canada from the U.S.:
•at Canada-U.S. land border crossings
•by train or
•at airports, only if the person seeking refugee protection in Canada has been refused refugee status in the U.S. and is in transit through Canada after being deported from the U.S.

 

[Leon]

What if the I (primary asylum applicant, from Iran) is in US and spouse (a derivative beneficiary in my asylum application is from India) is going to be in Canada for her H1b stamping - and in case of her visa denial to enter back in US - can she file an asylum in canada siting my asylum application in US in which she is added to as my spouse ?

I don't think your spouse does would qualify to apply for asylum in Canada as you are the asylum seeker and she doesn't really have a claim or does she?

I think what would happen if she tried is that they would look at her case, it may drag on for a while but ultimately she would be denied and deported.

 

[naveedpcs]

borderless.
hi.
If you claim as a refugee at the point of Canadian USA border then when they will put your name in computer he will find that you have already claimed in USA, and your immigration is under process so CIC did not clear you and send back to USA because Canada and USA computer info has easily trace each other people. so you should wait in USA until your case has been finalized and after that when you have got Green card then you can easily move permanently to Canada because both countries allowed his people (PR citizens) if they move permanently then they should did.
best of luck.
naveedpcs

 

[syrian-g]

Oh man i was going to ask the same question !

I have a similar case, i was granted a refugee protection and applied for PR, my ecase shows that my medical results has been received since the beginning of February.

Now, my mother is waiting for her asylum decision in the united states,and as you all know it takes forever to get the decision.At this moment,she has a TPS status (temporary protection status) in the US.
My mother got her Canadian visa recently , and she is going to Turkey to see the rest of the family( they are from Syria).


Do you guys think that she can claim refugee and stay with me ?

Thank you.

 

[syrian-g]

Bump.....looking for an answer to my question please ?