Pending aylum in the US wants to move to Canada

[bharatbaisla]

Hi, I have a pending case for asylum in the US and now I wanted to move to Canada because I have a good business that requires me to travel and I cant while I am in the US on an asylum case. I was thinking about startup visa or skilled migration.
My question is can I apply from US and get PR if I qualify or would that be a problem.

I came to USA on a visitor visa for 6 months and then applied for a asylum with my wife.
Thanks.

 

[Rob_TO]

Hi, I have a pending case for asylum in the US and now I wanted to move to Canada because I have a good business that requires me to travel and I cant while I am in the US on an asylum case. I was thinking about startup visa or skilled migration.
My question is can I apply from US and get PR if I qualify or would that be a problem.

I came to USA on a visitor visa for 6 months and then applied for a asylum with my wife.
Thanks.

You will probably never get a temporary visit, work or study visa to ever come to Canada due to your US asylum case.

However if you think you qualify for one of Canada's PR programs, you can certainly apply and if approved you would be able to get PR.

Your first issue is seeing if you actually qualify for any open programs. http://www.cic.gc.ca/english/immigrate/apply.asp

 

[bharatbaisla]

You will probably never get a temporary visit, work or study visa to ever come to Canada due to your US asylum case.

However if you think you qualify for one of Canada's PR programs, you can certainly apply and if approved you would be able to get PR.

Your first issue is seeing if you actually qualify for any open programs.

Thanks for the answer and I really appreciate it, but I was wondering if they will reject my case just on the basis on my asylum status in US, I entered legally in US and then applied for asylum, also I cant go back to my home country so do you think its possible to get the PR stamped while in US and then fly to Canada as a resident? Thanks for all the help.
Is it a good idea to hire someone for that? Any suggestions who to hire if you know someone?
thanks a ton again!

 

[Rob_TO]

Thanks for the answer and I really appreciate it, but I was wondering if they will reject my case just on the basis on my asylum status in US, I entered legally in US and then applied for asylum, also I cant go back to my home country so do you think its possible to get the PR stamped while in US and then fly to Canada as a resident? Thanks for all the help.
Is it a good idea to hire someone for that? Any suggestions who to hire if you know someone?
thanks a ton again!

It should not be an issue if applying for PR, since the intent of PR is to live permanently in Canada.

I believe it's possible to apply while remaining in USA, although they may require some documents from your home country (like a police certificate). If you can get those while staying in USA, then you should be fine.

The key point with you though is seeing if you actually qualify for any immigration programs to Canada. If you are confused by the programs and all their requirements, then it may be beneficial to seek professional help.

 

[bharatbaisla]

It should not be an issue if applying for PR, since the intent of PR is to live permanently in Canada.

I believe it's possible to apply while remaining in USA, although they may require some documents from your home country (like a police certificate). If you can get those while staying in USA, then you should be fine.

The key point with you though is seeing if you actually qualify for any immigration programs to Canada. If you are confused by the programs and all their requirements, then it may be beneficial to seek professional help.

This is quality information Rob_TO and I am really thankful to you
I am going to apply very soon and we will keep you all apprised and will also help others as much as I can.

How to know exactly that I wont be required to leave US and can apply from here and then just move there and not having to go back to my home country. I just want be more sure and if you have some information on the CIC website or some attorney who has this written somewhere or someone in this forum who went to Canada like I am trying to.
I know I am asking for a lot.

thanks In advance

 

[scylla]

Does your business travel require you to visit the US? Assuming you get PR status in Canada, once you leave the US, you'll most likely have a 10 year ban from the US.

 

[Stees]

This is quality information Rob_TO and I am really thankful to you
I am going to apply very soon and we will keep you all apprised and will also help others as much as I can.

How to know exactly that I wont be required to leave US and can apply from here and then just move there and not having to go back to my home country. I just want be more sure and if you have some information on the CIC website or some attorney who has this written somewhere or someone in this forum who went to Canada like I am trying to.
I know I am asking for a lot.

thanks In advance

Hello dear Bharatbaisla,
I have the exact same situation as you, and I was wondering what happened to your canadian immigration situation? Is is possible if you could post few important initial steps to apply for canadian PR?
Thank you very much!
Stees.

 

[Smakhot]

I have the same situation .I also have LMIA job offer . My asylum case had been pending in US for almost 10 years and I have not had a master hearing yet. I can request voluntary departure at anytime and US won't have anything against me.
My question is whether I apply for the work permit from us or instead my home country.
Most of the attorneys don't want to take the case but all want to charge 200-300$ to tell me that After the consultation .
Has anyone solved this?

 

[scylla]

I have the same situation .I also have LMIA job offer . My asylum case had been pending in US for almost 10 years and I have not had a master hearing yet. I can request voluntary departure at anytime and US won't have anything against me.
My question is whether I apply for the work permit from us or instead my home country.
Most of the attorneys don't want to take the case but all want to charge 200-300$ to tell me that After the consultation .
Has anyone solved this?

Unfortunately a work permit has a very high chance of being refused due to the US refugee claim since you cannot demonstrate strong ties to your home country to show you have no plans on remaining in Canada long term. It would be best to apply from your home country - but you would need to return there and live there for a while to establish ties (8-12 months at least) before applying to Canada.

Do you qualify to apply for PR through Express Entry or another program? That would be the better way to go since there's no need to demonstrate ties.

 

[Smakhot]

Unfortunately a work permit has a very high chance of being refused due to the US refugee claim since you cannot demonstrate strong ties to your home country to show you have no plans on remaining in Canada long term. It would be best to apply from your home country - but you would need to return there and live there for a while to establish ties (8-12 months at least) before applying to Canada.

Do you qualify to apply for PR through Express Entry or another program? That would be the better way to go since there's no need to demonstrate ties.

In fact I do . I would need to increase pointsp in some categories but overall i can apply . Unfortunately we are not getting any younger (43) and even with 100k job offer it is a problem.

 

[scylla]

In fact I do . I would need to increase pointsp in some categories but overall i can apply . Unfortunately we are not getting any younger (43) and even with 100k job offer it is a problem.

That's what I would focus on (i.e. applying to immigrate). You want to aim to have around 440 points.

Work permit has a very high chance of being refused - I would say refusal is guaranteed if you apply from the US with a pending asylum claim or apply shortly after returning to your home country.

 

[Grigorelungu]

Hi, I’m in the same exact situation like you with a pending asylum and want to go to Canada, are you still in US ? And

 

[jksharma]

I have the same situation .I also have LMIA job offer . My asylum case had been pending in US for almost 10 years and I have not had a master hearing yet. I can request voluntary departure at anytime and US won't have anything against me.
My question is whether I apply for the work permit from us or instead my home country.
Most of the attorneys don't want to take the case but all want to charge 200-300$ to tell me that After the consultation .
Has anyone solved this?

hi, I am here in USA and planning to move to Canada, I read your question, did you try to go to Canada pls let me know I have the same position.pls

 

[jksharma]

Hi, I’m in the same exact situation like you with a pending asylum and want to go to Canada, are you still in US ? And

hi dear,
did you apply for the work permit? I am if yes pls tell me what happens. I am also trying to move to Canada. please tell me

 

[scylla]

hi, I am here in USA and planning to move to Canada, I read your question, did you try to go to Canada pls let me know I have the same position.pls

If you have an asylum case in the U.S. then the chances of a work permit being approved to Canada are very low. However you can certainly try if you manage to secure a job offer and approved LMIA.