Withdraw refugee claim + US immigration

[desufnoc]

I claimed refugee status in 2012, and my case has been backlogged since then. I still have not had a hearing or anything, and it is considered a "legacy case." CIC has no idea when my case will be settled. In the meantime, I fell in love and got married to an American. We started the process for me to immigrate to the US to be together. The problem is, the Canadian government has my passport and it will expire in less than 3 months. I need a valid passport to continue my immigration process in the US, so I need to withdraw my refugee case and renew my passport.

What is the process to withdraw? How long does it take for them to return my passport? How long will I be allowed to stay in Canada after that? Will they give me a departure order? If they give me a departure order, can I appeal it in order to buy myself time until my process is complete in the US? Going back to my home country is not an option.

 

[kriv]

I claimed refugee status in 2012, and my case has been backlogged since then. I still have not had a hearing or anything, and it is considered a "legacy case." CIC has no idea when my case will be settled. In the meantime, I fell in love and got married to an American. We started the process for me to immigrate to the US to be together. The problem is, the Canadian government has my passport and it will expire in less than 3 months. I need a valid passport to continue my immigration process in the US, so I need to withdraw my refugee case and renew my passport.

What is the process to withdraw? How long does it take for them to return my passport? How long will I be allowed to stay in Canada after that? Will they give me a departure order? If they give me a departure order, can I appeal it in order to buy myself time until my process is complete in the US? Going back to my home country is not an option.

you can withdraw your refugee claim BUT it will not help you to buy time or stay in canada. in case of your refugee claim withdrawal you will still not get your passport back in hand. CBSA will arrange your deportation and arrange your flight back home, your passport will be sealed in an envelop and will only be handed over to your home country immigration/boarder agency by the airline once you land back to your home country.

so withdrawal wont be a better option unless you decide to go back to your country and proceed with your US immigration. you can inquire on any US immigration forums and see if you have any option to be-reunited with your wife being a refugee claimant here in Canada.