Dear Senior Member please look at this last time i got trouble

[dreem]

Dear Senior Member please look at this last time i got trouble gavendano

My brother have applied HC in canada, does its apply on me if i cross port of entry, means can I cross
Family member exceptions


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 (This claim must not have been withdrawn by the family member, declared abandoned or rejected by the IRB or found ineligible for referral to the IRB.)

or illegal crossing which can be applied on me, via USA.

I do have my claim which is base on Reasons please help with your experience.

 

[Buletruck]

Does he currently have a removal order in Canada? Has it been stayed (not being enforced) based on his application for H&C?

please look at this last time i got trouble

Can you add some detail to what this means?

 

[dreem]

his HC is in process the decision is not yet made he just applied 3 days back.

 

[canuck78]

You said that last time you got in trouble. Can you explain.

 

[dreem]

Sir i mean i am in USA i was suppose to cross with port of entry bez my brother is there in canada but just now i know the status of my brother he have applied 3 days back HC can i still go with port of entry or no?
that why said got problem last time ?

 

[hamgha]

You said that last time you got in trouble. Can you explain.

i think he means he wanted to cross but now that he found out about his brother's problems he's not sure he can claim asylum based on his brother being there

 

[Buletruck]

i think he means he wanted to cross but now that he found out about his brother's problems he's not sure he can claim asylum based on his brother being there

Yeah....I don't know if that's possible either until his brother actually has his review with IRB. Pretty sure (though not positive) his brother doesn't have valid status until his application is approved, so he can't use the Safe Third Country exception until he does.....I defer to others with more knowledge.

 

[gavendano]

What is his current status?

Last time you said he had a work permit, is this work permit still valid?

 

[dreem]

Dear Sir

before my brother told me he is on work permit when i am ready to cross the border now he said he have applied H & C can i still cross with port entry or no ?

 

[canuck78]

This is a very specific case. Although it seems like you don't qualify for the safe 3rd country exemption we are not immigration lawyers. I would check with a lawyer who can give you a definite answer.

 

[vensak]

From what I read above until his HC is accepted you cannot use the exception. Work permit itself is just a temporary status. So better to wait for the decision. Please be also aware that if his HC is rejected you will not be able to use it either.
Did you think about possibility to claim asylum in USA?