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Question about filing for asylum status in CN!

sepy34

Newbie
Nov 13, 2009
3
0
My husband is currently on his 2nd appeal here in the U.S. for his asylum case. I am a born and raised U.S. citizen and currently have filed a I-130 petition (Which will allow him to eventually get a visa for the U.S.).

While this appeal is underway, immigration will eventually want him to leave the country while the decision is being made (that is just the law). Can he go to Canda and file papers there for refugee status? Will that interfere with my I-130 Relative Petition here?

We don't want him to go back to Albania while awaiting approval of his I-130 Petition or appeal because of obvious reasons (too far from me and our three children, no way to financially support us, etc.)

It's sad enough that our family has to be split apart while this I-130 Petition and his appeal are awaiting approval. That would be great news for us if he could apply in Canada in the meantime. I could bring the kids to visit him and he has plenty of family there to help him with getting a job and etc.

Also, I just saw on this forum some things about Dual Citizenship. So, is it possible for him to have citizenship in the U.S. and Canada or no?

Thanks in advance for any help! Our lawyer gave us advice but we have heard different things from lawyers in Canada so are very confused and thought we'd check here! We want to make sure we do everything right for when his I-130 Petition is approved and Vienna has to clear his 10 year bar waiver!
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

sepy34 said:
My husband is currently on his 2nd appeal here in the U.S. for his asylum case. I am a born and raised U.S. citizen and currently have filed a I-130 petition (Which will allow him to eventually get a visa for the U.S.).

While this appeal is underway, immigration will eventually want him to leave the country while the decision is being made (that is just the law). Can he go to Canda and file papers there for refugee status? Will that interfere with my I-130 Relative Petition here?

We don't want him to go back to Albania while awaiting approval of his I-130 Petition or appeal because of obvious reasons (too far from me and our three children, no way to financially support us, etc.)

It's sad enough that our family has to be split apart while this I-130 Petition and his appeal are awaiting approval. That would be great news for us if he could apply in Canada in the meantime. I could bring the kids to visit him and he has plenty of family there to help him with getting a job and etc.

Also, I just saw on this forum some things about Dual Citizenship. So, is it possible for him to have citizenship in the U.S. and Canada or no?

Thanks in advance for any help! Our lawyer gave us advice but we have heard different things from lawyers in Canada so are very confused and thought we'd check here! We want to make sure we do everything right for when his I-130 Petition is approved and Vienna has to clear his 10 year bar waiver!
1. Nope, safe third country, he would be returned to the US.

PMM
 

foreverbailey

Star Member
Dec 20, 2007
59
0
I have a question I am a Canadian Citizen living in Europe with my husband who is from Libya and has refugee status here in Europe can he apply somewhere to have his status changed from here to there ? We have a immigration lawyer hired to file our spouse sponsorship papers but was just wondering if he can get his status moved to Canada we wanna get home
 

scylla

VIP Member
Jun 8, 2010
95,937
22,176
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
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01-10-2010
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05-10-2010
LANDED..........
05-10-2010
foreverbailey said:
I have a question I am a Canadian Citizen living in Europe with my husband who is from Libya and has refugee status here in Europe can he apply somewhere to have his status changed from here to there ? We have a immigration lawyer hired to file our spouse sponsorship papers but was just wondering if he can get his status moved to Canada we wanna get home
No - he can't move his asylum / refugee status or application. You need to go through the process of sponsoring him for PR as your spouse.