Does a Denied Refugee in the U.S. harm Visa Application of Canada?

[acejeffery]

Hello,

My friend is applying for a Canadian study permit visa and he is also considering immigrate to Canada after graduation. The situation is that he has sought political asylum in the US before, and his application for asylum in the US was rejected and he was deported from the US. Will this negatively impact his prospect for obtaining a Canadian study permit and immigration opportunity? Thank you very much!

 

[amikety]

Yes, it may appear to CIC he will try to claim refugee status here instead of study.

The USA and Canada share immigration information, so he needs to declare this for any chance to get into Canada.

However, I think his chances are low.

 

[scylla]

This will very likely negatively affect a Canadian student visa application. Especially if the deportation was recent. To be approved for a student visa, you must demonstrate strong ties to your home country and that you have no plans to remain in Canada long term. It will be a challenge for your friend to prove this given the asylum application and deportation.

The failed asylum bid and deportation will not affect an immigration application.

I would recommend he forget about the student visa and focus on applying to immigrate (assuming he qualifies).

 

[acejeffery]

Yes, it may appear to CIC he will try to claim refugee status here instead of study.

The USA and Canada share immigration information, so he needs to declare this for any chance to get into Canada.

However, I think his chances are low.

Thank you, but that's so bad. Which country do you think is easier to grant refugee status, Canada or USA?

 

[scylla]

I don't think there's much difference.

It really doesn't matter for your friend. The fact that he has been denied refugee status in the US effectively guarantees a refugee bid in Canada would fail as well (if he can even get here to make the bid).

If he wants to make Canada his home, he should focus on qualifying to immigrate via the skilled worker, provincial, federal trade or one of the other similar immigration streams.

 

[acejeffery]

Yes, another friend of mine is also considering applying for asylum, but the risk is too high if denied. He doesn't know if he should do that.

 

[acejeffery]

And how about if he voluntarily leaves the USA (not deportation), as long as the refugee interview is not successful? Would that also harm his visa application to Canada?

 

[scylla]

And how about if he voluntarily leaves the USA (not deportation), as long as the refugee interview is not successful? Would that also harm his visa application to Canada?

He doesn't qualify to apply for refugee status in Canada due to the Safe Third Country Agreement. He's looking at an automatic denial if he tries to apply in Canada. He should remain in the US and hope his US claim is successful.

http://www.cbsa-asfc.gc.ca/agency-agence/stca-etps-eng.html

 

[acejeffery]

He doesn't qualify to apply for refugee status in Canada due to the Safe Third Country Agreement. He's looking at an automatic denial if he tries to apply in Canada. He should remain in the US and hope his US claim is successful.

Thanks Scylla! The other friend hasn't applied for US refugee yet. If he decides to apply and it doesn't go well initially, he could just drop the case and voluntarily leave US. Then he will apply a Canada visa, is that ok because the case is already dropped in the US?

 

[dopplerdough]

My husband applied for cic assylum outside canada but refused last year, we travelled to US but at airport our vusa were cancelled and we came back, now im planning to apply student visa what are my chances to gave my husband as dependent with one kid(2years) we are very helpless, as im expenting to get admission in canadas top university mcgill suggest me whay should i do??

 

[scylla]

My husband applied for cic assylum outside canada but refused last year, we travelled to US but at airport our vusa were cancelled and we came back, now im planning to apply student visa what are my chances to gave my husband as dependent with one kid(2years) we are very helpless, as im expenting to get admission in canadas top university mcgill suggest me whay should i do??

Unfortunately your chances of being approved for a study permit are probably quite low. I would say your husband has zero chance of being approved for a dependent visa based on his failed asylum application. One of the requirements of being approved is demonstrating that you have strong ties to your home country and have no plans on remaining in Canada long term. The failed asylum application demonstrates the opposite - so I don't see there's any chance CIC will approve him.

If you decide to go ahead any try for the study permit - make sure you list the refused entry to the US in your application.

 

[dopplerdough]

Scylla thanks!

My husbands mother and sister and all aunts and uncle are in canada, he has no string ties in home country, i have my parents n siblings in pakistan... I am very depressed as we tried everything to get into canada for our future career, i have strong academic profile which led me to get into McGill but just coz of out dark unlucky past we will nit be granted a visa?

This is insane!!
I want to hire a lawyer who could help is out in this scenerio!!! Advice me the best lawyer who could make a good documentations for visa

 

[dopplerdough]

Moreover i have longterm stay plan as after masters wanted to enrolled in PhD which is 4 years program so i have intentions to stay almost 5 years and i want to mention this in visa application too as i am very much interested in PhD what advice u can give me now??

 

[zardoz]

Scylla thanks!

My husbands mother and sister and all aunts and uncle are in canada, he has no string ties in home country, i have my parents n siblings in pakistan... I am very depressed as we tried everything to get into canada for our future career, i have strong academic profile which led me to get into McGill but just coz of out dark unlucky past we will nit be granted a visa?

This is insane!!
I want to hire a lawyer who could help is out in this scenerio!!! Advice me the best lawyer who could make a good documentations for visa

The strong ties to Canada make it even more unlikely that he will be granted a TRV and in all honesty, may have a serious negative influence on your chances of getting a study visa. The rejection from the USA and subsequent five years exclusion wasn't clearly explained. What were the reasons for this? Canada may apply the same reasoning...

 

[scylla]

Moreover i have longterm stay plan as after masters wanted to enrolled in PhD which is 4 years program so i have intentions to stay almost 5 years and i want to mention this in visa application too as i am very much interested in PhD what advice u can give me now??

This does't change my response. I still expect it will be difficult for you to obtain a study permit and impossible for your husband to obtain a dependent visa. If you wish to come to Canada, you should focus on immigrating rather than trying to come on a study permit or other temporary visa.