Urgent advice needed

[Marysom]

I want to sponsor my husband to Canada but the time line is 28 months which is lengthy period. Is it possible if he come to US and then enter Canada and claim for refugee and then I sponsor him within Canada?? Please advice me wisely so that I can decide. My country of origin is Afghanistan and I am landed immigrant of protected category.

 

[scylla]

I don't think that's a good way to go.

Your husband doesn't qualify to claim refugee status in Canada if he's coming from the US due to the safe third country agreement.

http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp

Not sure what will happen at the border if he tries.

 

[Marysom]

Thanks for the prompt reply, actually my husband is coming to US on visit visa and I suggested him to cross the border and claim asylum in Canada. I want him to be in Canada ASAP.

 

[scylla]

Thanks for the prompt reply, actually my husband is coming to US on visit visa and I suggested him to cross the border and claim asylum in Canada. I want him to be in Canada ASAP.

I understand that. Have you read through the link I provided above?

The Safe Third Country Agreement is an agreement between Canada and the US that effectively states that if someone wants to claim refugee status, they must do it in the first safe country they reach. This means that if your husband wants to claim refugee status, he must do this in the US (since it will be the first safe country he reaches) and that he cannot claim refugee status in Canada.

I don't know what will happen at the border if your husband tries to claim refugee status in Canada. They may deny him on the spot due to the Safe Third Country Agreement - or they may not. I have no experience in this area unfortunately.

 

[CanadianJeepGuy]

I want to sponsor my husband to Canada but the time line is 28 months which is lengthy period. Is it possible if he come to US and then enter Canada and claim for refugee and then I sponsor him within Canada?? Please advice me wisely so that I can decide. My country of origin is Afghanistan and I am landed immigrant of protected category.

As we have all found out there are no short cuts to residency for any of us. You may want to consult a lawyer since your situation has far more legal elements than the basic spousal application.

 

[LeisaP]

even if he claims refugee in Canada, and u sponsor him inland in Canada, his refugee file could be completed before your sponsorship is and there is still a chance he could be removed IF the refugee is completed and denied before the sponsorship.

They have sped up the refugee process significantly.
for example a friend of ours claimed refugee in January 2012 and had his hearing in june 2012 (5 months later) at this point he wanted to leave Canada because if you become a failed refugee its harder to return later, so he withdrew his refugee at the hearing and left Canada)

But im saying this because my husband was a refugee and he applied in 2009 and didn't get his hearing until 2011, and than didn't get his removal until 2012. If refugee applications took this long still, it wouldn't be much of a problem, but they have recently changed the process and made it a lot faster to finalize refugees.

I did hear of a lady, who sponsored her husband to Canada from cuba, and a month after he arrived he flew to the USA dropped his PR status and gained asylum in USA. BUT he is from Cuba and its a whole different ballpark for Cuba because they automatically get refugee in the usa if they make it to American soil. For other countries its different as Scylla is saying they may not allow him to do that because of the safe third country agreement.

I would suggest speaking to an immigration consultant or lawyer before you go ahead with anything, just to be sure of your options

 

[Marysom]

you are right, I better speak to immigration lawyer as I am in dilemma whether to start outland sponsorship application which is 28 months or more, or to take risk of claiming asylum which is not the best option too.

 

[CanadianJeepGuy]

even if he claims refugee in Canada, and u sponsor him inland in Canada, his refugee file could be completed before your sponsorship is and there is still a chance he could be removed IF the refugee is completed and denied before the sponsorship.

They have sped up the refugee process significantly.
for example a friend of ours claimed refugee in January 2012 and had his hearing in june 2012 (5 months later) at this point he wanted to leave Canada because if you become a failed refugee its harder to return later, so he withdrew his refugee at the hearing and left Canada)

But im saying this because my husband was a refugee and he applied in 2009 and didn't get his hearing until 2011, and than didn't get his removal until 2012. If refugee applications took this long still, it wouldn't be much of a problem, but they have recently changed the process and made it a lot faster to finalize refugees.

I did hear of a lady, who sponsored her husband to Canada from cuba, and a month after he arrived he flew to the USA dropped his PR status and gained asylum in USA. BUT he is from Cuba and its a whole different ballpark for Cuba because they automatically get refugee in the usa if they make it to American soil. For other countries its different as Scylla is saying they may not allow him to do that because of the safe third country agreement.

I would suggest speaking to an immigration consultant or lawyer before you go ahead with anything, just to be sure of your options

+1 for sure. Good post.