So I talked to my immigration lawyer who advised that in order for me to get my passport back I need to withdraw my asylum claim. I need my passport because I have an opportunity to immigrate to the US via a fiancée visa. She also advised me that withdrawing my asylum case will mean that I need to leave Canada within 30 days.
The CIC office gave me a form to request my seized documents but didn’t say anything about withdrawing my case. Is it true that you have to withdraw your claim in order to get your document back?
Based on the article below from the Immigreation and Refugee Board site withdrawing your claim does not immediately put you at risk of removal was the lawyer right about the 30 day period?
Please help I don’t trust what he told me.
14.2 WITHDRAWAL OF A CLAIM
14.2.1 Procedure for Withdrawal of a Claim
A claimant may withdraw the claim:
by making an oral statement at a hearing, or
by filing a written notice of withdrawal at the registry [ CRDD Rule 33(1)].
The registrar will forthwith send written notice confirming that the claim has been withdrawn to the Minister [Rule 33(2)].
14.2.2 Consequences of Withdrawal of a Claim
A visitor or Minister's permit holder who made a Convention refugee claim [Immigration Act, s. 44(1)] and who withdraws that claim at the Refugee Division is not put at any immediate risk of removal from Canada as a direct consequence of withdrawing the claim. As a practical matter, Citizenship and Immigration Canada may be reluctant to extend the visitor status or the Minister's permit of that person, depending on the circumstances of the case.
The consequences of withdrawing a claim are more significant for a claimant who is subject to a conditional removal order. A conditional removal order becomes "effective", and thus may be carried out, when the claimant withdraws the claim [Immigration Act, ss. 28(2)(a) and 32.1(6)(a)]. The claimant who withdraws a claim may therefore be required to leave Canada at that point.
A claimant who has withdrawn a claim is not eligible for consideration under the special program in the Regulations called the "post-determination refugee claimants in Canada class" (PDRCC) [see Immigration Regulations, 1978, s. 2(1), definition "member of the post-determination refugee claimants in Canada class", paragraph (a)(i)]
The CIC office gave me a form to request my seized documents but didn’t say anything about withdrawing my case. Is it true that you have to withdraw your claim in order to get your document back?
Based on the article below from the Immigreation and Refugee Board site withdrawing your claim does not immediately put you at risk of removal was the lawyer right about the 30 day period?
Please help I don’t trust what he told me.
14.2 WITHDRAWAL OF A CLAIM
14.2.1 Procedure for Withdrawal of a Claim
A claimant may withdraw the claim:
by making an oral statement at a hearing, or
by filing a written notice of withdrawal at the registry [ CRDD Rule 33(1)].
The registrar will forthwith send written notice confirming that the claim has been withdrawn to the Minister [Rule 33(2)].
14.2.2 Consequences of Withdrawal of a Claim
A visitor or Minister's permit holder who made a Convention refugee claim [Immigration Act, s. 44(1)] and who withdraws that claim at the Refugee Division is not put at any immediate risk of removal from Canada as a direct consequence of withdrawing the claim. As a practical matter, Citizenship and Immigration Canada may be reluctant to extend the visitor status or the Minister's permit of that person, depending on the circumstances of the case.
The consequences of withdrawing a claim are more significant for a claimant who is subject to a conditional removal order. A conditional removal order becomes "effective", and thus may be carried out, when the claimant withdraws the claim [Immigration Act, ss. 28(2)(a) and 32.1(6)(a)]. The claimant who withdraws a claim may therefore be required to leave Canada at that point.
A claimant who has withdrawn a claim is not eligible for consideration under the special program in the Regulations called the "post-determination refugee claimants in Canada class" (PDRCC) [see Immigration Regulations, 1978, s. 2(1), definition "member of the post-determination refugee claimants in Canada class", paragraph (a)(i)]