overstayed my J-1 in usa, can i ask for refugee status in canada?

[faberfan]

My situation is next.
In Russia it's a draft army. So after you 18 or after you graduate college you HAVE to go army. But i decided not too, cuz i beleive army and war is immoral. So i came to america first, but it took almost all my money. I didn't have enough money to pay the lawyer, so right now i overstayed my 4months visa for more than a year. I read that i can't apply for asylum in usa after i stayed with no status for more than a year. So i started to think about Canada.
1. What if i just take a bus and go to canada border as a refugee?
2. Will they just turn me down?
3. I've heard smth about Third Safe Country agreement? means i can't apply from american border, will that be an obstacle?
4. And what about my case? does it have any chances?

Will appreciate anything you can tell me, thank you!

 

[BCguy]

Go to the CIC website for refugeees and while we may allow you to stay 99% you will be denied for trying to avoid the draft.I am currently assisting 2 refugee cases and am familiar with the process,Nothing to lose by trying to claim at the border.

 

[Leon]

The safe 3rd country agreement means that you can not go from US to Canada and claim to be a refugee or the other way around. They would say you should have applied for asylum in the US. I do not recommend trying to claim refugee status either just because of military service. Many countries have mandatory military service. I don't think it's considered undue hardship but talk to an immigration lawyer if you want to explore that possibility. You can try going to Canada on a temporary work permit though if you can manage to get a job offer.

 

[faberfan]

Go to the CIC website for refugeees and while we may allow you to stay 99% you will be denied for trying to avoid the draft.I am currently assisting 2 refugee cases and am familiar with the process,Nothing to lose by trying to claim at the border.

ehh... "we"? you mean canada will let me in till my hearing at the board? or i've heard that even a border officer can just deny my refugee status? Cuz if i decide to go to canada, i don't think i'll be able to get back.

And what if i apply as refugee in America? and probably (99%) will be denied. Can i ask refugee at canada border? like "hey, they can't help me, can you?"

 

[Leon]

You can read the agreement at http://www.cic.gc.ca/ENGLISH/department/laws-policy/menu-safethird.asp

As far as I can see, it would stop you from being able to apply at the land border but if you can take a plane, you might be let in and get a hearing. Still, going the refugee route for that reason, you are very likely to be refused and deported.

 

[BCguy]

Exactly,Some stay here for 2 years before being asked to leave,they use this time to change status by getting married,finding a sponsor etc to change status.I am a friend of the former IRB Chairman in Vancouver and I mentioned your case and He said you would get to stay a couple of months maximum up to 2 years to hear your case before you got deported.I forgot Immigration Refugeee Board or iRB decides whether you stay or not

 

[Leon]

Aren't they even more suspicious of marriage sponsorship when somebody has been refused refugee status?

 

[faberfan]

basicly what i'm trying to figure out now, will my present usa status (overstayed more than year) ruin any my attempt to refuge or get any kinda visa or immigrate?

 

[BCguy]

Aren't they even more suspicious of marriage sponsorship when somebody has been refused refugee status?

Yes they are but I know of a woman illegally in Canada for 3 years,Married a Canadian Citizen genuinely in love with her,She is pregnant with their first child and she will be probably allowed to stay,Look at the optics Preganant Wife of a Canadian Citizen being deported to China forcing her to give birth there,Proof that the couple is really in love is highly evident,I just dont know if she loves him as well.But they already survived their interview having lived together for 16 months before marrying,Insurance is in her name,lease is in both their names,Got married in a wedding with 100 guests,visited the guys parents in Ontario etc