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USA Pending Asylum to Canda PR

Innocentm1

Member
Jul 15, 2020
10
1
Hello Family, my husband finally got his Pre Arrival letter. His asylum case in the USA is still pending.

We expect to get his COPR very soon and possibly leave the USA.

Quick question.

Will he lose his case in U.S.A or Will his case get denied because of him getting PR in Canada?

what are the possibilities for him to land in Canada and validate his PR while keeping his assylee status active?
 

Ponga

VIP Member
Oct 22, 2013
10,182
1,354
Job Offer........
Pre-Assessed..
Not sure, but I wouldn't be surprised if one of them is impacted by the other.At the very least he should be aware of what is required to maintain PR status in Canada and any status he may get in the U.S. simultaneously (aside from citizenship).

Not impossible, but not exactly easy.
 

scylla

VIP Member
Jun 8, 2010
93,843
21,032
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello Family, my husband finally got his Pre Arrival letter. His asylum case in the USA is still pending.

We expect to get his COPR very soon and possibly leave the USA.

Quick question.

Will he lose his case in U.S.A or Will his case get denied because of him getting PR in Canada?

what are the possibilities for him to land in Canada and validate his PR while keeping his assylee status active?
You need to post this question to a US immigration forum. I don't believe there is any way for him to both land in Canada to become a PR and also keep his asylum status in the US active. He needs to pick one. If he leaves the US, it may also be difficult to return in the future.

Try posting to this forum: https://forums.immigration.com/
 

scylla

VIP Member
Jun 8, 2010
93,843
21,032
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Maybe return after 3 years of him becoming a Canada citizen
Canadian citizenship doesn't necessarily change anything. If someone has inadmissibility issues to the US, they have those issues regardless of whether they have Canadian citizenship or not. Canadian passport doesn't necessarily fix this. For example, if someone has a lifetime bad for misrepresentation, getting Canadian citizenship doesn't fix this. They are still banned.
 
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Innocentm1

Member
Jul 15, 2020
10
1
Thanks Scylla, I hope it has not get there, my husband applied his case while he has a status, someone told me that if he leaves, they may consider his case abandoned. with no bans. we will see, hopefully his asylum case is approved soon before his PR
 
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Reactions: scylla

scylla

VIP Member
Jun 8, 2010
93,843
21,032
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks Scylla, I hope it has not get there, my husband applied his case while he has a status, someone told me that if he leaves, they may consider his case abandoned. with no bans. we will see, hopefully his asylum case is approved soon before his PR
Definitely post to the US immigration forum. You want to understand all of the consequences of the different paths. I do think you are going to have to make a choice however between Canada PR and keeping the asylum case active. So start considering which it's going to be. Keep in mind that he will need to leave the US and enter Canada to land and become a PR.
 

a21

Member
Jun 18, 2019
16
5
Hello Family, my husband finally got his Pre Arrival letter. His asylum case in the USA is still pending.

We expect to get his COPR very soon and possibly leave the USA.

Quick question.

Will he lose his case in U.S.A or Will his case get denied because of him getting PR in Canada?

what are the possibilities for him to land in Canada and validate his PR while keeping his assylee status active?
Hello,

I had the similar case for my husband. His asylum case was pending in USA. He was on work permit in USA. As soon as he received the pre-arrival letter, he applied in USA to withdraw and close his case through his lawyer. His lawyer provided the proper reason (Spousal Sponsorship for Canada) behind closing the case. This way his case in USA was closed in proper manner. In case he decides to apply for visitor visa for US in future, there is proper paper trail in his case.

Since he didn't have his origin country's passport in possession, we had to request a Single Journey Travel Document from IRCC, so he could enter Canada. Single Journey Travel Documents was valid for only a month, so he had to enter Canada during that time period.

Hope this helps. Let me know if you have any questions regarding this.
 

Rarorara

Newbie
Dec 22, 2022
1
0
Hello,

I had the similar case for my husband. His asylum case was pending in USA. He was on work permit in USA. As soon as he received the pre-arrival letter, he applied in USA to withdraw and close his case through his lawyer. His lawyer provided the proper reason (Spousal Sponsorship for Canada) behind closing the case. This way his case in USA was closed in proper manner. In case he decides to apply for visitor visa for US in future, there is proper paper trail in his case.

Since he didn't have his origin country's passport in possession, we had to request a Single Journey Travel Document from IRCC, so he could enter Canada. Single Journey Travel Documents was valid for only a month, so he had to enter Canada during that time period.

Hope this helps. Let me know if you have any questions regarding this.
Hello . Im in similar position. My wife is Canadian citizen. I live in new york on asylum case pending with work permit. Indian Passport is expired and cant be renewed with indian embassey because of asylum i guess. What should i do . Do we need passport details for sponsorship to canada ? How to apply for single journey travel document. Is it easy to get if our sponsorship is approved . Thanks.
 

Bornlucky

Hero Member
May 15, 2018
642
486
Hello . Im in similar position. My wife is Canadian citizen. I live in new york on asylum case pending with work permit. Indian Passport is expired and cant be renewed with indian embassey because of asylum i guess. What should i do . Do we need passport details for sponsorship to canada ? How to apply for single journey travel document. Is it easy to get if our sponsorship is approved . Thanks.
You can Google most Canadian Immigration information. For example: https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-passports/travel-documents-non-canadians/apply-who.html
 

canuck78

VIP Member
Jun 18, 2017
53,349
12,876
Hello . Im in similar position. My wife is Canadian citizen. I live in new york on asylum case pending with work permit. Indian Passport is expired and cant be renewed with indian embassey because of asylum i guess. What should i do . Do we need passport details for sponsorship to canada ? How to apply for single journey travel document. Is it easy to get if our sponsorship is approved . Thanks.
Have you lived together since getting married? If not married, how much time have you spent in person? Was this an arranged marriage or did you do Western-style dating? How were you arranged? Did your families know each other, matchmaker, etc. Had you lost status in the US and/or claimed asylum before getting married? How long have you been in the US? What kind of visa did you enter with and how long have you been in the US before claiming asylum? Do you have a solid case and proof for why you need asylum from India? Getting asylum from I dia can be quite difficult. Is there any red flags when it comes to your relationship? Do you have a similar level of education? Similar work history or ability to obtain a similar work history when you can work legally? Similar age? Same religion? What kind of wedding did you have? Were there family present? How many people attended?Was there a reception?

Based on the answer to many of these questions there could be concerns that your marriage is based on securing status in a country other than India. If you have not spent much time together in person there also could be concern about your relationship which usually leads to an interview. Most interviews are conducted in your home country unless you applied inland in Canada.