Your Sister (along with her husband and kids) can apply for asylum (refugee case) in Canada at the border where there is a RPU unit availavble (RPU stands for Refugee Processing Unit). she can only do this if she has a blood relative living legally in canada (i.e the person living in canada is a citizen, permanent resident, refugee or a refugee claimant etc). So assuming that you are a refugee in canada which makes your sister eligible to apply for refugee protection at the boarder.
The Process to claim refugee protection at the border:
it is always better and recommended to get an appointment from the border (RPU) before going to the border to avoid any complications. The complications are usually more related to incomplete documentations. So the first thing to take into account is to take complete documentations to the border.
The required documents which they must have:-
1) Birth Certificate (very important)
2) Identity card/National Identity card of their country
3) any other picture identity if they have e.g Driving license etc.
(they basically require 2 picture identities and birth certificate of people coming to boarder)
4) information and identity documents of her brother/blood relative in Canada. (in your case as you are refugee you can fax her your notice of decision along with a picture id)
The RPU (refugee processing unit) will not give her an appointment date if she do not have the above documents or lack important required documents. if she cannot provide any of the above documents she can explain the reason to the CBSA RPU on phone before going and do as they say.
Note: to comfort herself from any stress she can discuss every thing with CBSA on phone e.g how she can reach to them, how to get taxi, what she can bring along with her etc...CBSA (Canada Border Services Agency) are one of the best in treating people specially refugee claimants..
so nothing to worry about.
What happens when the person reach the Canadian Border:
while crossing the border there is no USA exit control so the first person she will encounter will be Canadian (CBSA) she will tell him/her that she has an appointment with RPU (refugee processing unit). the CBSA will take her to RPU center. (mostly RPU give early morning appointments).
In the RPU center she will be asked to sit in the waiting area for her turn. she will be called at the Reception counter on her turn (if other people are already waiting for their turn). at the counter an CBSA agent will ask for her documents (birth certificate, passport, national identity card) and simple questions like your name, date of birth, place of birth, do you understand English, do you need a translator etc etc. She will again be asked to have a seat util a CBSA person is assigned to her case.
-In 15 to 30 minutes a CBSA officer will come to her greet her and will take her to his office (for the official eligibility assessment and interview)
- the officer will first ask simple questions to make her comfortable and will explain her the procedure (i.e he will not ask anything about the refugee claim rather he will only determine her identity ( and identity of her husband and kids), and will do the assessment of her eligibility to enter into Canada as a refugee claimant)
Eligibility to enter into Canada as a refugee claimant coming from USA will based on the proof of her blood relative in Canada. so questions may be more related to her brother and they may also call you (in case you are not going to the boarder to receive her). best is to go and receive her as it will make the process easy and fast.
Blood relative coming to RPU to receive their relatives:
You (Her brother) can also goto to RPU at the canadian border to receive her.(this question will be asked while getting appointment on phone, if her brother (i.e you) is coming they will give you an appointment on the same day too).
The interview can be from 1 to 2 hours.During the interview all the forms are filled electronically (IMM 008, IMM008 DEP, IMM5669 etc). during the interview if it gets longer in filling all the form the office may give her a break to grap coffe, pizza etc ( CBSA provided coffee, food free of cost Smiley). She will feel good being treated like a human Smiley that's the best part
Once the interview is over she will be taken to another waiting area and will be offered food, tea, coffee. during her waiting timings CBSA will do their work. e.g paper work, meeting with her brother or talking with him on phone (if he is not coming to receive her). after the interview (if all is good and she is eligible to enter into canada) her brother will be allowed to meet her in the waiting area till they complete the procedure.
CBSA will take finger prints of her and will give her the following documents:-
1) refugee claimant document ( its the identity she will be using within canada till her refugee hearing decision).
2) Notice to appear for hearing/Date of hearing ( within 60 days depending on which country she is from)
3) Medical exam Notice. ( which is that she has to complete her medical exam within 30 days)
4) BASIS OF CLAIM FORM ( this is the form which has to be filled and submitted within 15 days and consist of the actual story/reason of claiming a refuge)
5) Notice of Seized documents ( her passport, birth certificate and identity document will be seized except driving license)
6) other information leaflets etc.
Once all the documentation is done..SHE IS GOOD TO GO ANYWHERE IN CANADA and will have 15 days to prepare and submit her refugee case.
Conclusion and Tips:
- At Canadian border the main procedure is to determine if she is allowed to enter canada and NOT what is the reason of her claim.
- if her brother can come to receive her it will be easy for the CBSA to determine her blood relative in canada otherwise they will call him on phone and conduct a detailed interview with him.
- everything you say at the border is recorded and is used for the hearing purpose, So honest statements helps.
Hope it helps.
