Deported from USA, persecution still happening

[Carlos e.]

Looking desperate for advice, hope somebody might help.

I was deported from usa on Aug last year after lost a political asylum case, I expended almost 10 years fighting my case in different inmigration courts and judicial circuits, for nothing. They just took in consideration the initial claim evidence showed back in 2008 when I submit the asylum even though the persecution against us never stop in my country.
.
After 2 months back in Venezuela I was kidnapped, electrocuted and tortured by colectivos ( pro government armed criminals who controls everything, everywhere nationwide ), I was able to escaped from the transition to one place to other. I was medically attend and went to the police to report it, they couldn't guarantee any protection and they just wish me luck and advice to get a good place to hide. Since then, those criminal has been hunting me everywhere, extorting my family, asking my whereabouts in the school my kids used to attend a decade ago. I keep moving between cities and keeping distantly from family and friends to avoid they hurt them. This is all connected and in retaliation to my political history for which I moved out.
In another hand my kids and wife are still in usa even though ICE may activate theirs deportation as they did with me. I had a US born son 15 yo, a PR older son and 12yo daughter. Wife and daughter in deportation risk.
The questions are, taking in consideration that my wife has a Canadian aunt, is there any chance to try to get asylum, refuge or any other kind of protection in Canada and how can do this. We just want to be reunite as family and safe. If trying from outside and how, or my family showing up at border or me getting a visitor visa and claim asylum. And the most important question : chance to get it.
Thanks in advance

 

[Buletruck]

Your wife could apply, but the chances of you being reunited quickly are slim to none. Until her claim is approved and finalized, it’s doubtful you would be able to travel to Canada until the process is completed (probably close to 3years). The other consideration is that a successful claim isn’t guaranteed and having spent 10ish years in the US, it will be difficult for your family to prove the persecution still exists (despite your situation, she isn’t subject to the same problem in the US).

 

[canuck78]

I would suggest going to a neighbouring country because I suspect you would be looking at 3-4 years until you would be able to be reunited if your family gets asylum in Canada. Unfortunately due to the potential of large amounts of trp holders in the US coming to Canada I think it is likely that IRCC will really enforce that people haven’t been in recent danger in their home country. Unfortunately your family would be applying for asylum since if you were there they would have a case given your recent treatment in Venezuela. We are only giving our opinion and you never know what will happen.

 

[Carlos e.]

Thank you all.
What about if I go myself and claim for migratory relief. Any chances my family could go after ? How soon ?
Our case is recognized by an organization in US, Center for survivor of torture, they tried their best to help us, many support letter were sent to inmigration, it didn't work thou. What about if they have a branch in Canada and might sponsor us. Jesus I don't know.. they're still visiting my family giving moral support.
I can go to another closer country, the problem is that my family would have to come to Venezuela to renew passport, IDs, etc and that's what I need to avoid. My US son will need a visa to enter here, wife can't apply for it in Venezuela consulate because her passport, IDs are expired, they don't renew it, ppls have to come here and do it. Once in the airport she'll be retained until they feel like it ( even with undertable deal )as happened to me on my arrival, no only her but my 12yo daughter. Chances are they question her about her stance in US,it's really scary a nightmare just to think about it. Plus our case is a public records can be found at 11th circuit court of appeals just googling our names.

Any ideas ? and thank you so much to take your time and analyze my puzzle. It's really appreciate

 

[scylla]

Thank you all.
What about if I go myself and claim for migratory relief. Any chances my family could go after ? How soon ?
Our case is recognized by an organization in US, Center for survivor of torture, they tried their best to help us, many support letter were sent to inmigration, it didn't work thou. What about if they have a branch in Canada and might sponsor us. Jesus I don't know.. they're still visiting my family giving moral support.
I can go to another closer country, the problem is that my family would have to come to Venezuela to renew passport, IDs, etc and that's what I need to avoid. My US son will need a visa to enter here, wife can't apply for it in Venezuela consulate because her passport, IDs are expired, they don't renew it, ppls have to come here and do it. Once in the airport she'll be retained until they feel like it ( even with undertable deal )as happened to me on my arrival, no only her but my 12yo daughter. Chances are they question her about her stance in US,it's really scary a nightmare just to think about it. Plus our case is a public records can be found at 11th circuit court of appeals just googling our names.

Any ideas ? and thank you so much to take your time and analyze my puzzle. It's really appreciate

I don't see any means for you to reach Canada to claim asylum on arrival. You would need to get an approved visitor visa (TRV). A TRV is guaranteed to be refused given your US deportation.

 

[scylla]

Also, to be sponsored as a refugee living outside of Canada, you would need to meet two basic requirements to even start: (1) be living outside of your home country; (2) be officially recognized as a refugee by UNHCR.

You would need to do these two things before you can even start looking for sponsors.

 

[Carlos e.]

I don't see any means for you to reach Canada to claim asylum on arrival. You would need to get an approved visitor visa (TRV). A TRV is guaranteed to be refused given your US deportation.

 

[Carlos e.]

Your wife could apply, but the chances of you being reunited quickly are slim to none. Until her claim is approved and finalized, it’s doubtful you would be able to travel to Canada until the process is completed (probably close to 3years). The other consideration is that a successful claim isn’t guaranteed and having spent 10ish years in the US, it will be difficult for your family to prove the persecution still exists (despite your situation, she isn’t subject to the same problem in the US).

Thank you I see an option here, I just want them to be safe, and I can go somewhere else and wait. Any option is better than what we have now.

 

[Buletruck]

Have you looked into any of the immigration streams available for Canada. That may be a better solution to your issue. Some of the hard lessons being learned by the Haitians coming to Canada from the US include the lack of recent evidence to support a refugee claim. Actual immigration may not only be more beneficial, it's probably quicker, has fewer restrictions and your previous refugee claim in the US wouldn't be a deciding factor (and neither would the deportation) against you.

 

[Carlos e.]

Buletruck thank you so much ! I did it in a glance weeks ago. I'm so frustrate I think I have no ways to overcome my situation. I have to be sure that I don't gonna be barred bc the deportation from US. Can you continue guiding me thru this ? It's pretty hard try to contact a free Canadian lawyer or a nonprofit organization to watch my case closer. Please any links will be appreciate.

 

[scylla]

Buletruck thank you so much ! I did it in a glance weeks ago. I'm so frustrate I think I have no ways to overcome my situation. I have to be sure that I don't gonna be barred bc the deportation from US. Can you continue guiding me thru this ? It's pretty hard try to contact a free Canadian lawyer or a nonprofit organization to watch my case closer. Please any links will be appreciate.

You don't need an immigration consultant or lawyer to answer that question.

Your deportation will not stop you from applying to immigrate to Canada. Provided you are 100% honest about your immigration history (including the deportation and refused asylum application) - there's no reason you cannot be approved to immigrate to Canada. (Obviously there are a number of other requirements you'll have to meet like work experience, education, language abilities, funds to settle in Canada, etc.) Yourself and your entire family will also need to have valid passports to apply.

What you won't qualify for is any sort of temporary status (i.e. work permit, study permit, visitor visa). These require you to prove you have strong ties to your home country and have no plans on remaining in Canada long term. You'll be refused based on the deportation and failed asylum application.

But again, you're free to apply to immigrate. Details here:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada.html

 

[Buletruck]

I have to be sure that I don't gonna be barred bc the deportation from US.

Just my opinion, but Canada is pretty reasonable when it comes to immigration. On the other hand, gaining temporary status (TRV, Student, etc) seems to be far more difficult and has a higher standard for acceptance (not that they let just anybody in through immigration, but past indiscretions play a smaller part in the decision making process). As Scylla pointed out, probably the most important aspect is to be honest about your past. It is certainly worth looking into.

And you might try contacting the forum owner for advice.

https://www.canadavisa.com/contact-us.html