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Seeking Asylum in Canada from USA

DORJI

Newbie
Jun 29, 2017
4
0
i am currently conditional green card holder not permanent green card holder in USA and recently Divorce with my partner. my uncle in Canada, am i eligible to apply for Aslum/Refugee in Canda via land border under family exceptions to the us-canada safe third country agreement ?
 

mosor

Star Member
Jun 28, 2017
93
18
If it's a blood uncle then you meet a safe third exception. better be direct uncle and not some second cousin you call uncle.
 

canuck78

VIP Member
Jun 18, 2017
55,438
13,462
Since you are a conditional green card holder I'm not sure if you qualify for refugee status in Canada but I imagine there are many other ways to visit/relocate/work in Canada given the conditional green card. I would encourage you to do more research. You are in an enviable position compared to many others seeking refugee status.
 
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mosor

Star Member
Jun 28, 2017
93
18
Since you are a conditional green card holder I'm not sure if you qualify for refugee status in Canada but I imagine there are many other ways to visit/relocate/work in Canada given the conditional green card. I would encourage you to do more research. You are in an enviable position compared to many others seeking refugee status.
His conditional green card was likely given due to his marriage to a US citizen and by getting divorced his conditional green card is in jeopardy, that's why he probably wants to make a ref claim here.
 

canuck78

VIP Member
Jun 18, 2017
55,438
13,462
Makes sense. I think the conditional green card could still compromise his application for asylum so I would definitely figure out whether he must wait until the green card is revoked. I wouldn't advise giving up the conditional green card which would be very risky in my opinion. I would check with a lawyer.
 

mosor

Star Member
Jun 28, 2017
93
18
Makes sense. I think the conditional green card could still compromise his application for asylum so I would definitely figure out whether he must wait until the green card is revoked. I wouldn't advise giving up the conditional green card which would be very risky in my opinion. I would check with a lawyer.
They will probably revoke it soon if he is divorced and 2 years have passed since they issued it. He is looking for an escape because he'll soon be without status in the US.
 

canuck78

VIP Member
Jun 18, 2017
55,438
13,462
I understand he is looking to claim asylum in a safe country and live somewhere on a permanent basis. We don't know the circumstances surrounding the divorce and when/if the conditional green card will be revoked. Doesn't say it's been 2 years.
 

mosor

Star Member
Jun 28, 2017
93
18
I understand he is looking to claim asylum in a safe country and live somewhere on a permanent basis. We don't know the circumstances surrounding the divorce and when/if the conditional green card will be revoked. Doesn't say it's been 2 years.
Conditional green cards are revoked automatically after two years unless you apply to have the condition removed. That's gonna be hard if he got it on the basis of marriage and now finds himself divorced.
 

canuck78

VIP Member
Jun 18, 2017
55,438
13,462
There is still a chance he could get a green card. It's far from guaranteed but given there is still a chance I would make sure that doesn't cause an issue. With such an important issue I would consult a lawyer on both sides of the border before doing anything.
 

mosor

Star Member
Jun 28, 2017
93
18
There is still a chance he could get a green card. It's far from guaranteed but given there is still a chance I would make sure that doesn't cause an issue. With such an important issue I would consult a lawyer on both sides of the border before doing anything.
True. Fighting for his green card is probably easier than claiming refugee too.
 

canuck78

VIP Member
Jun 18, 2017
55,438
13,462
Totally agree. We don't know anything about their marriage but as long as it was legitimate he could fight and see if he could get a green card. Definitely worth a try first.
 

DORJI

Newbie
Jun 29, 2017
4
0
If it's a blood uncle then you meet a safe third exception. better be direct uncle and not some second cousin you call uncle.
yes it blood uncle, my mom brother... meet under safe exception but my concern is conditional green card holder can apply ?
 

DORJI

Newbie
Jun 29, 2017
4
0
They will probably revoke it soon if he is divorced and 2 years have passed since they issued it. He is looking for an escape because he'll soon be without status in the US.
it been just one year but since we are divorce apply separately will be difficult plus i want to move to Canada with my uncle ... Mosor did get change to check with Lawyer ?