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Help from experienced member/person for filling Asylum at USA -CANADA Border

eeshoo

Star Member
Apr 25, 2017
75
3
Hi all forum members;

I am new to this forum.I Need help from all you guys.I appreciate your guidance and support in advance.

As I am in USA on visit visa with 6 months entry permit.and want to file for asylum.i have two option to file either in USA or Canada because my relatives are in USA as well in Canada.

but I am very confuse that where should i file?
if i file in Canada then i need visit visa of Canada.but i have fear for rejection of Canada(50%).when i joined this forum i came to know that asylee can file asylum in Canada via Border.but i want to ask some thing about asylum at USA-Canada border.

1) which one is better visit visa of Canada or file at border?
2) can i file at border(if i am still legal as per USA entry permit)
3) how is situation at border Now days if i go at border?
4) at border what they demand and ask?
5) which documents/formalities/problems i have to provides/face?
6) if i file at border, will i be successful to cross border safely?
7) if i crossed safely,then in how many days i have to submit file application in documents formalities in Canada?will i have to submit documents at border or in Canada?

please help me I am very worried and i have no time to stay in USA more.if u guys have more knowledge than my above questions please share.
I am waiting for your response.

thank you
 

captains

Hero Member
Apr 19, 2017
219
62
Category........
i hope you are aware of Canada-usa safe third country agreement

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

captains

Hero Member
Apr 19, 2017
219
62
Category........
i hope it will help you

http://www.cbc.ca/news/politics/roxham-road-safe-third-country-1.4049515

http://www.cbc.ca/news/canada/montreal/canada-us-asylum-seekers-explained-1.3994294

http://www.cbc.ca/news/politics/refugees-asylum-seekers-quebec-new-york-1.4048265
 

eeshoo

Star Member
Apr 25, 2017
75
3
@ captians ...thank you for sharing these links. but my question is that i dont want to cross illegally. i want to ask that is there is any problem if i select border land asylum ?
 

Buletruck

VIP Member
May 18, 2015
6,812
2,635
The Safe Third Country Agreement will be an issue, unless you have immediate family members in Canada. It basically says that you have to claim asylum in the first country you land in, the US. Failing to do so you will likely be removed from Canada if you attempt to apply here (unless you meet the exceptions).
 

eeshoo

Star Member
Apr 25, 2017
75
3
@ Bluetruck.. i landed in USA but dont want to apply in USA bcoz if i apply here then i will not be able to file in canada. so i want to take step carefully.
i just want to ask that if i go to Canada via border then what issues/problems i will face at border? and what is situation at border nowdays? is it suitable to go canada via border? what documents will i have to provide them? my immediate relative in canada.
 

Buletruck

VIP Member
May 18, 2015
6,812
2,635
The problem is, due the Safe Third Country Agreement, you will be rejected as an asylum/refugee in Canada and returned to the US. As a person(s) seeking asylum/refugee status, you don't get to shop around for your preferred country to live in.
 

eeshoo

Star Member
Apr 25, 2017
75
3
@ Blue Truck..... Thank you for prompt response.

it means ...my case will be rejected in Canada if i landed (on visit visa) in USA first. despite i have not filled my asylum application in USA.

please help me in below quesions...

If i apply for Visit visa (TRV) of Canada from USA,will i get visa ?
if i get visit visa (TRV) of Canada from USA and then i file asylum application in Canada (means i dont use option for border land). will my case be successful? As per your opinion ,due to third safe country agreement i should not shop around me in filling case if i landed in USA first.
please response.

Thank you.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Buletruck said:
The problem is, due the Safe Third Country Agreement, you will be rejected as an asylum/refugee in Canada and returned to the US. As a person(s) seeking asylum/refugee status, you don't get to shop around for your preferred country to live in.
No, they said they have relatives living in Canada. As long as those relatives meet the "family member exemption" to Safe 3rd country, then he would be able to claim asylum at the border.
http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp#family

Would of course need proof of relation to family in Canada and CBSA would call them to verify.
 

eeshoo

Star Member
Apr 25, 2017
75
3
@ Rob_TO Thanks...i have immediate relatives in Canada....which option is best for me.. should i file asylum via border or to apply for (TRV) visit visa of Canada?
Second , if i apply for (TRV) visit visa of Canada from USA.will i get visit visa?

if i get visit visa of Canada ,can my asylum case will be successful?

plz help..i am in USA on visit visa and can not take decision either i should file in Canada or USA? however i have not visit visa of Canada in my Hand yet.i want to apply for Canada visa.but iam very confused.

Plz Help me...

Thanks.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
eeshoo said:
@ Rob_TO Thanks...i have immediate relatives in Canada....which option is best for me.. should i file asylum via border or to apply for (TRV) visit visa of Canada?
You can do either way.

Second , if i apply for (TRV) visit visa of Canada from USA.will i get visit visa?
How is anyone here supposed to know that?

It doesn't really matter though, since as already mentioned above you can claim asylum at the border if you want to based on having family living in Canada.

if i get visit visa of Canada ,can my asylum case will be successful?
Again, how is anyone here possibly supposed to know considering you gave absolutely no information about your asylum claim?
 

eeshoo

Star Member
Apr 25, 2017
75
3
@ Rob_TO ...Thanks for prompt response..

Yes i know , nobody is supposed to know about future.
Actually I have two options for entering in Canada.01) via Borderland 02) Via visit visa.

in first option , Iam very confused/feel fear to take option for using border for Canada. becoz i donot know , what are situations right now at borderland and what will be happen with me at borderland? might be i loose chance to enter in Canada.if they refused to enter in Canada,will i eligible to file asylum in USA?

if i go with Visa option from USA rather than my home country,will it effect positively?

I dont know which one best for asylum case? means Canada or USA.right now iam in USA.
Thank you .
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
eeshoo said:
@ Rob_TO ...Thanks for prompt response..

Yes i know , nobody is supposed to know about future.
Actually I have two options for entering in Canada.01) via Borderland 02) Via visit visa.

in first option , Iam very confused/feel fear to take option for using border for Canada. becoz i donot know , what are situations right now at borderland and what will be happen with me at borderland? might be i loose chance to enter in Canada.if they refused to enter in Canada,will i eligible to file asylum in USA?

if i go with Visa option from USA rather than my home country,will it effect positively?

I dont know which one best for asylum case? means Canada or USA.right now iam in USA.
Thank you .
The same answer has been repeated multiple times now, so I'm not sure what the confusion still is. You can claim asylum either way. There is no advantage or disadvantage to each.
 

Here2help

Star Member
Apr 30, 2017
104
51
Aw man i still remember that day... yes You can file an asylum in canada boarder. Things u need to file an asylum in canada boarder is family mamber (must be blood realative). You have to take appointment which u can make through VIVE(an organization for refugees located at buffalo NY) when you arrive at the boarder, officers will check you, they will take photographs, fingerprints, eye prints etc. canadian boarder service officer will interview you about your family members who lives in canada(ex :- who are they? When did you last meet? How did you meet? What colour dress did the wear? Etc) it will be several hours) they will ask about your case as well. Remember it will be a long long interview. After all this if u find eligible you will be granted as a refugee. They will handed you the refugee ID and a paper with court hearing date. If you are not eligible ( if they think you lied) they will send you back to USA with handcuffs on. USA immigration will cancel your visa and deport you.