Need your advice please.

[CA_Dream]

Hello, I live in USA for very long time and i am a green card holder my citizenship was denied here and for more then one reason i need to go to Canada and apply for asylum , I have my brother hes a Canadian citizens but he don't live in Canada and i have a copy of his passport also his business and home address in Canada , my question is can I enter Canada from the Airport or i just have to enter from USA- Canada borders ? and the second question if I enter Canada legally can the officer there accept my request for applying asylum or maybe they will return me back to US? because i heard from here and there the people who enter Canada illegal they more will be accepted witch is I don't prefer to enter Canada illegally for my respect to Canada laws and to my self .
Your advice will be much appreciated
Best regards

 

[Cip]

Hello, I live in USA for very long time and i am a green card holder my citizenship was denied here and for more then one reason i need to go to Canada and apply for asylum , I have my brother hes a Canadian citizens but he don't live in Canada and i have a copy of his passport also his business and home address in Canada , my question is can I enter Canada from the Airport or i just have to enter from USA- Canada borders ? and the second question if I enter Canada legally can the officer there accept my request for applying asylum or maybe they will return me back to US? because i heard from here and there the people who enter Canada illegal they more will be accepted witch is I don't prefer to enter Canada illegally for my respect to Canada laws and to my self .
Your advice will be much appreciated
Best regards

Pls read your 3rd to last sentence not very clear

 

[CA_Dream]

Pls read your 3rd to last sentence not very clear

My question was,If I come to Canada trough the airport the officer there will accept my request for applying asylum or refugee or they accept that only from the border ? and my first question was I have a brother hes a Canadian citizen but he don't live in Canada is that OK i can still be accepted even if he don't live there at this time?

 

[Buletruck]

I don’t believe it’s a requirement that your brother is in Canada. He just needs to be a Canadian citizen or PR. I wouldn’t put to much confidence on stories about who can stay and who can’t. Biggest issue is to make sure you have a solid basis of claim.

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

 

[CA_Dream]

I don’t believe it’s a requirement that your brother is in Canada. He just needs to be a Canadian citizen or PR. I wouldn’t put to much confidence on stories about who can stay and who can’t. Biggest issue is to make sure you have a solid basis of claim.

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

Thanks for the information, my other question was can I apply for refugee or asylum at the airport also or just at the borders and better to enter Canada legally?

 

[Buletruck]

As I said, the most important thing is to have a strong basis of claim. Applying as a refugee, whether at a point of entry or illegally is pointless if your claim ends up denied. Since you meet the exemption to the Safe Third Party agreement, I would suggest claiming at any point of entry. You can also claim after you enter. The choice is yours. I would however suggest consulting with an immigration lawyer, not a consultant prior to making the claim.

 

[CA_Dream]

As I said, the most important thing is to have a strong basis of claim. Applying as a refugee, whether at a point of entry or illegally is pointless if your claim ends up denied. Since you meet the exemption to the Safe Third Party agreement, I would suggest claiming at any point of entry. You can also claim after you enter. The choice is yours. I would however suggest consulting with an immigration lawyer, not a consultant prior to making the claim.

Thanks for your time and advice i will do that, I appreciate you

 

[Rob_TO]

I don’t believe it’s a requirement that your brother is in Canada. He just needs to be a Canadian citizen or PR. I wouldn’t put to much confidence on stories about who can stay and who can’t. Biggest issue is to make sure you have a solid basis of claim.

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

No, for this exemption the family member must be living in Canada.

From the link:
Refugee claimants may qualify under this category of exceptions if they have a family member in Canada who:

• is a Canadian citizen;

So if OP tries to claim asylum at land border, he will most likely be denied and turned back to USA.

 

[Rob_TO]

Thanks for the information, my other question was can I apply for refugee or asylum at the airport also or just at the borders and better to enter Canada legally?

If you have no family living in Canada, you would need to get a TRV approved and enter Canada as a visitor (through land border or airport), and then claim asylum once already inside Canada.

You will be questioned on why you haven't claimed asylum already in USA, to show you aren't just shopping for asylum in Canada instead.

 

[Buletruck]

[QUOTENo, for this exemption the family member must be living in Canada.

From the link:
Refugee claimants may qualify under this category of exceptions if they have a family member in Canada who:

• is a Canadian citizen;

So if OP tries to claim asylum at land border, he will most likely be denied and turned back to USA.][/QUOTE]

I stand corrected. Rob_TO is correct......after doing a bit more digging:

Claimants who have family members in Canada (R159.5(a) to (d))

Under Article 4(2)(a) and 4(2)(b) of the Agreement, a family member of a claimant means one of the following:

• A spouse, son, daughter, parent, sibling, grandparent, grandchild, aunt, uncle, niece, or nephew. Under the STCA, in-laws are not considered family members; and
• a legal guardian provided the claimant is under 18 years of age. A guardian is a person who has custody of the claimant or who is empowered to act on the claimant’s behalf by virtue of a court order or written Agreement, or by operation of law.

A marriage that took place abroad must be valid both under the laws of the jurisdiction where it took place and under Canadian federal law. The onus is on the applicant to prove that their marriage is legal where it took place. Canada recognizes common-law and same-sex spouses as family members for purposes of the Agreement. The U.S.A. may not recognize common-law and same sex relationships for the purposes of the Agreement.

and

A claimant arriving from the U.S.A. qualifies for an exception and will not be returned to the U.S.A. if they have:

• A family member who is a Canadian citizen or a permanent resident under the Act and who is in Canada at the time the claim is made
• A family member in Canada who is a protected person within the meaning of subsection A95(2)
• A family member in Canada who is a person in favour of whom a removal order has been stayed in accordance with Section R233 (H&C considerations)
• A family member 18 years of age or older who is physically in Canada, has made a refugee claim that has been referred to the RPD, and
  • the claim has not been rejected or declared abandoned or withdrawn
  • the RPD proceedings have not been terminated under subsection A104 (2), and
  • with respect to a positive RPD decsion, the claim has not been nullified under 104(2)
• A family member who is 18 years of age or older and holds a valid work or study permit (other than the holder of a permit that does not confer status), and who is in Canada at the time the refugee claim is made.

For more information about marriages, common-law and same-sex spouses:

• Processing members of the family class
• Spouse and common-law partner in Canada class.

Thanks for pointing that out.

 

[CA_Dream]

If you have no family living in Canada, you would need to get a TRV approved and enter Canada as a visitor (through land border or airport), and then claim asylum once already inside Canada.

You will be questioned on why you haven't claimed asylum already in USA, to show you aren't just shopping for asylum in Canada instead.

I have a sister of Canadian citizen also but i don't have any contact with her but she do live in Canada, Thanks for your Information but from where I can get the TRV visa?

 

[Rob_TO]

I have a sister of Canadian citizen also but i don't have any contact with her but she do live in Canada, Thanks for your Information but from where I can get the TRV visa?

If you are claiming an exception to Safe 3rd Country Agreement, you will need to provide not only proof of relationship to the family member in Canada, but also all their contact details as CBSA would need to contact them to verify everything. So if you have no contact with your sister, you can't use her to claim an exemption to the agreement.

You can apply for TRV to visit Canada here: http://www.cic.gc.ca/english/information/applications/visa.asp

 

[canuck78]

Given that you have a US greencard and have been in the US for a long time I would suggest speaking to an immigration lawyer to see whether you are likely to get asylum.

 

[Alurra71]

Given that you have a US greencard and have been in the US for a long time I would suggest speaking to an immigration lawyer to see whether you are likely to get asylum.

Also should point out that OP stated he/she was refused US citizenship. Depending on those reasons Canada is going to be looking very closely at your claim ...

 

[scylla]

You will be questioned on why you haven't claimed asylum already in USA, to show you aren't just shopping for asylum in Canada instead.

OP has a US green card and already has status in the US.

Given OP is a US green card holder, the chances of an asylum application being successful in Canada are effectively zero.