Visit visa & Asylum Issue (very urgent)

[lover.boy123]

Hi All Experts.
Good day.
my friend have 5 years multiple visit visa of usa ( Now 3 years left ) and recently in Usa. she want to apply asylum in Canada because her brother living in Canada .she dont have Canadian visa. My questions are following below:

1.she can apply Asylum for Canada .
2. Her usa visit Visa entry ( 6 month) is going to expire soon . if she left usa before expiration of her stay and go to canadaian usa land border ,then what will happen her usa visit visa.if she can use her usa visit visa later or not, or visa will be cancel when she apply asylum at Usa canada land border ?
3. where is usa canada land border how its work when someone go for asylum for canada from usa?
Thanks.

 

[scylla]

1. She can certainly apply for refugee status in Canada. In order to be approved, she will need to provide hard evidence that she would be in danger if she returned to her home country. It won't be enough to show that her country is a dangerous place - she will have to provide hard evidence that she herself is a target.
2. Claiming refugee status in Canada won't cancel her US visitor visa. However once she claims refugee status in Canada, her passport will be taken from her and she won't be able to travel outside of Canada until a decision is made on her application.
3. http://www.cic.gc.ca/english/refugees/inside/apply-how.asp

 

[lover.boy123]

Dear Scylla.
Thanks for replying. I want to know how us custom will deal at border and which border . if us custom will allow to her to go Canadian side without canadian visa .and how canadian custom will deal to her. what documents they can ask for her brother who is living in canada.thanks

 

[scylla]

She won't have to go through US customs as a land border. She will simply go to the Canadian side and tell the official she wants to claim asylum. She can use any land border. She will be given paperwork to complete which she will have to return in (I believe) two weeks of applying for asylum. Note that since she does not have a visitor visa to Canada, she will have to cross the border in a private vehicle and cannot use a taxi or bus.

 

[lover.boy123]

Dear Scylla.
Once again thanks .You are so kind and sweet
If she have not go to usa side then how she can proof later to us authority that she lefted usa before expiration i mean on time.because she dont want to loose us visit visa or any ban from usa .
Thanks

 

[kriv]

Dear Scylla.
Once again thanks .You are so kind and sweet
If she have not go to usa side then how she can proof later to us authority that she lefted usa before expiration i mean on time.because she dont want to loose us visit visa or any ban from usa .
Thanks

Once a person exit USA and enter into Canada the i-94 information is automatically updated as both countries share information with each other. (i-94 is the travel record of a person in USA Custom and border protection system) Any one can access online his arrival and departure date records of nonimmigrant aliens entering and departing the United States
https://i94.cbp.dhs.gov/I94/request.html

Secondly i have posted on the procedure how to seek refugee protection at border and what happens at the border in detail. you can read it at http://www.canadavisa.com/canada-immigration-discussion-board/asylum-matter-very-urgent-t262926.0.html

Thirdly: if she get a positive decision on her refugee case she can travel to any country except her country of nationality with a RTD (refugee travel document).

 

[lover.boy123]

Thanks a lot for your detail Reply .Really very very thanks .I have few more questions hope you will Help us:

1. She already applied 3times Canada Visit visa before Usa visit visa , and all 3 times her visit visa was rejected , Shes afiard what will happen to her and canada land border when she applied for asylum she wonder if they will detain her or just let her to go?
2. second if her canada ayslam refused it will hurt to her reentry to usa on her vaild visit visa .will uas custom asked her that you have failed canadaian asylum so we will not allow you to enter in usa because we heared that there is agreement between two countries of data sharing

3. if her brother not agree or she is not comfortable to live with her brother at her brother home she can live in any other place or city as asylum applicant or she have to live with her brother at any cost?

4. if canada goverment will provide her shelter if she have no house to live.
Thanks

 

[scylla]

1. The visa refusals shouldn't impact her ability to file for asylum.
2. Yes - if her asylum claim is refused this could complicate her re-entry into the US.
3. No - she doesn't have to live with her brother.
4. No - she shouldn't expect that the Canadian government will provide her with shelter.

 

[rcgonline]

Hi there Scylla! Could you please answer me some questions about asylum?

I have a valid USA and Canada tourist Visa, 9 years of validity from now...

1) If I apply for asylum in USA and be denied, my tourist visa of Canada and/or USA will be afected in any way?

2) If I apply for asylum in Canada and be denied my tourist visa of Canada and/or USA will be afected in any way?

3) And for last, if I apply for Asylum in Canada for eg., and be denied, can I try in USA and vice-versa?

Thank you!

 

[scylla]

Hi there Scylla! Could you please answer me some questions about asylum?

I have a valid USA and Canada tourist Visa, 9 years of validity from now...

1) If I apply for asylum in USA and be denied, my tourist visa of Canada and/or USA will be afected in any way?

2) If I apply for asylum in Canada and be denied my tourist visa of Canada and/or USA will be afected in any way?

3) And for last, if I apply for Asylum in Canada for eg., and be denied, can I try in USA and vice-versa?

Thank you!

1) USA visa will most likely be canceled and you may have issues entering Canada.
2) Canadian visa will most likely be canceled and you may have issues entering the US.
3) Generally no. See the Safe Third Country Agreement: http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp

 

[rcgonline]

1) USA visa will most likely be canceled and you may have issues entering Canada.
2) Canadian visa will most likely be canceled and you may have issues entering the US.
3) Generally no. See the Safe Third Country Agreement:

Thanks Scylla!

 

[filipinopositive1982]

Hi Scylla, can you please answer my question.

I am currently living in Japan, i work here and apply a refugee visa to work.

I have a wife in canada and she is PR. Is my refugee claim in japan can affect my visa application someday? Please answer my problem

 

[jkinfo]

Hi all,

I have a question regarding asylum and need you expert advice.

I and my family wife and kids (under 12) wish to enter in canada thru US Canada border and want to claim asylum at border.

my question is:

I dont have any close relative in canada but my spouse's maternal uncle is citizen, on that basis are we eligible to claim asylum on border as my spouse will also be with me.

TIA