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"safe 3rd country" Pending Asylum in US visiting Ca and applying Asylum in CA ?

ck03682

Newbie
Mar 11, 2014
2
0
i am from country A my spouse from country B, we married in US and applied asylum in US. My asulym application is pending in US for 3 years and my husband is a derravative benificiary in my asylum application. He is visiting US consulate in Canada for his H1b visa stamping, In case his US visa is denied, can he apply asylum in Canada ?

Safe third country agreement between US n Canada says "Applicants who have a valid visa to enter the other country may still pursue asylum in the second country if they have applied asylum in first country."

i will still be in US only my husband is coming to CA, in case he is denied re-entery in US, can he apply Asylum in Canada? Although my spouse is secondary (a benificiary) in my asylum application. Based on the "safe 3rd country" agreement would canada count my husband eligible for asylum considering my pending asylum in US which i filed as primary and he is only a derravative benificiary. Or applicant must have filed Asylum as Primary in US to be considered eligible for asylum in Canada? What would be the APPLICATION OF safe 3rd country agreement in this regard?

it would have been simple if we both were from same country, but it is complicated now Since I am primary and asylum is mainly based on Country A, while my wife is from country B. How will canadians treat his asylum seeking request?

Any help is appreciated.