Walk in refugee?

[steve1975]

Hello,

Looking for assistance for a friend who has been living in the US for the last 30 years.

He is 66 yrs old, married with 3 adult children. Children are US born and citizens. My friend and wife are not and they also have no legal status. He has always been self employed in the construction field. Owns his own house and has never had any problems with the law.

In today's US, he has become extremely afraid of being caught and deported and his only option is to seek asylum status in Canada. He is of Lebanese origin but has not had any connection with Lebanon whatsoever. His 2 brothers are legal residents of the US as is his mother.

Can he actually just walk up to the border and seek asylum? Is there a chance that he will be sent back/not allowed to enter Canada?
A life altering decision on his part and I am trying to find the right info to help him out.

Any help you guys can offer will be appreciated.

John

 

[scylla]

Hello,

Looking for assistance for a friend who has been living in the US for the last 30 years.

He is 66 yrs old, married with 3 adult children. Children are US born and citizens. My friend and wife are not and they also have no legal status. He has always been self employed in the construction field. Owns his own house and has never had any problems with the law.

In today's US, he has become extremely afraid of being caught and deported and his only option is to seek asylum status in Canada. He is of Lebanese origin but has not had any connection with Lebanon whatsoever. His 2 brothers are legal residents of the US as is his mother.

Can he actually just walk up to the border and seek asylum? Is there a chance that he will be sent back/not allowed to enter Canada?
A life altering decision on his part and I am trying to find the right info to help him out.

Any help you guys can offer will be appreciated.

John

Does he have any close family members in Canada?

Based on the information you have provided so far, he is not eligible to claim asylum due to the safe third country agreement. If he tries, he would be returned to US authorities.

If he happens to have close family members in Canada the asylum claim will likely still be very problematic. Having no ties to a country is not a basis for an asylum claim and I think the minister would likely intervene and say the claim is not genuine given he lived in the US for 30 years and failed to claim asylum there.

Coming to Canada is by no means a clear path and may in fact create more issues for him.

 

[steve1975]

Thanks for taking the time to reply. No, he does not have any relatives in Canada. I was hoping that Canada would be lenient with those who are in similar situations as my friend.

 

[scylla]

Thanks for taking the time to reply. No, he does not have any relatives in Canada. I was hoping that Canada would be lenient with those who are in similar situations as my friend.

He is not eligible to claim asylum in Canada due to the safe third country agreement. It will be a bad idea to try.

Respectfully, the asylum program in Canada is in place to help actual refugees. Its purpose is not to provide solutions for individuals who have overstayed in the US. I do appreciate why he is worried however he is not a refugee.

 

[Copingwithlife]

Adding that if they attempted and did not qualify at the border for asylum they’d be turned over to the CBP who would then set them up for expedited removal

It’s not as simple that they’d be sent back and re enter the USA

 

[canuck78]

Any of the news reports about asylum claims are being very cautious to actually report that most are being returned to the US for expedited removal. If anything trying to claim asylum at the Canadian border may be the worst option for many.

 

[canuck78]

Hello,

Looking for assistance for a friend who has been living in the US for the last 30 years.

He is 66 yrs old, married with 3 adult children. Children are US born and citizens. My friend and wife are not and they also have no legal status. He has always been self employed in the construction field. Owns his own house and has never had any problems with the law.

In today's US, he has become extremely afraid of being caught and deported and his only option is to seek asylum status in Canada. He is of Lebanese origin but has not had any connection with Lebanon whatsoever. His 2 brothers are legal residents of the US as is his mother.

Can he actually just walk up to the border and seek asylum? Is there a chance that he will be sent back/not allowed to enter Canada?
A life altering decision on his part and I am trying to find the right info to help him out.

Any help you guys can offer will be appreciated.

John

As pointed out this is really not an asylum case. After 30 years it would be very if difficult to prove their lives would be at risk if they had to return to Lebanon. The bigger issue is that once they leave the US they will have a 10 year ban. Strategically they may want to return now in order to try to be able to try to enter the US in their mid 70s. They really need to be speaking to a US immigration attorney. They must have entered the US right after the amnesty opportunity.

 

[CanGoldDigger]

He cannot claim refugee coming from the US as the US and Canada have an agreement The Canada–United States Safe Third Country Agreement. He should do it in the US.

 

[scylla]

He cannot claim refugee coming from the US as the US and Canada have an agreement The Canada–United States Safe Third Country Agreement. He should do it in the US.

It is far too late to submit an asylum claim in the US given he's been there 30 years.

Agreed he cannot come to Canada and apply here.

Realistically he has two options: (1) Remain in the US without status and hope not to be caught and removed; (2) Return voluntarily to home county.

 

[CanGoldDigger]

It is far too late to submit an asylum claim in the US given he's been there 30 years.

Agreed, you need to apply within a year, and it's more complicated now but it's not that impossible.

 

[canuck78]

Agreed, you need to apply within a year, and it's more complicated now but it's not that impossible.

The chances of asylum from Lebanon currently are quite low so even if the asylum claim is submitted that may just delay the inevitable. If the goal is to eventually be able to enter the US in the future then strategically it may make sense to leave now versus 5 years down the road for example. You also may gain some favour by self-deporting and save money. The other big issue is healthcare. As seniors how will they access healthcare and pay for it in the US? They really need to consult with a US immigration lawyer and also talk with their family about things like access to healthcare/cost of healthcare, if it would make sense to get the 10 years down ban now versus later, etc. These are all tough choices.

 

[Copingwithlife]

Agreed, you need to apply within a year, and it's more complicated now but it's not that impossible.

Almost impossible now . And if they did that they’d now be on the radar