A Canadian citizen marrying an illegal in USA

[Able18]

Hello, me and my boyfriend have been together from almost a year now. I am a Canadian citizen. He came to USA through the Student Visa from U.A.E almost 10 years ago. He got out of status because after some time he stopped attending his college due to his health problems. After his visa got expired he got jailed but since all his record was clear they released him on bail bond. He attended all the court dates after that. They gave him 120 days to go back and come back with the new Visa. But it was not possible for him to do that because in Arab after living with parents when you get older you need to have a new Visa to start work. His Visa under parents got Expired so for his education he came to USA when he was 18. The only option left was to go to Pakistan but situations their aren't well or safe enough so he stayed there. Now he is illegal there.

We have planned for getting married there in USA and on border we apply for his asylum. The question is, is that is possible? He can't go back now because he will get deported and that is another long process. The only place he can go to is Pakistan but its not safe and he don't want to go there.
Is there any trouble free way to get him here in Canada if not the one we have planned?

Help would be appreciated.
Thanks.

[CharlieD10]

You and he are a long way past "trouble free" ways of immigrating, sorry.  You need an immigration attorney. 

He has violated the terms of one visa, by not completing school or returning to his home/resident country when he knew it was impossible to continue in school.

He has also violated a departure order from the US by remaining in the country (for 10 YEARS!) when he was told to leave and return through the proper channels.   

Canada is not going to look very kindly on his immigration history, because it looks like he will do anything to avoid going back to wherever he came from, whether the UAE or Pakistan, and you are going to need a STRONG case for your relationship in order for it not to be knocked down as a MOC.

This website is maintained by an immigration attorney, I suggest you contact them to get an idea of what you are getting yourself into if you proceed with marrying this guy.  You need to know everything you are going up against, and what it will cost you, and you need to be realistic about your chances of getting him into Canada.

[scylla]

To add...

Asylum is not an option due to the safe third country agreement.

[Able18]

Thank you for your opinion!
The reason of not going back was he had no option to because the situation of Pakistan was not safe. Not completing the school was his health issues. I will try to contact an immigration attorney for furthermore help. Thanks once again!

[Able18]

He's been living in USA from 10 years but illegally from last few years. The reason for planning him to get asylum and not going back is now we have planned to start our life. Because i live here in Canada i cant afford to go to Pakistan and live there or wait for us to get together for 5 more years. And the reason for not getting work done for the US is still the same. As I am here in Canada we have decided to get him here. In case on border if they deport him, I don't want him to  go to Pakistan, moreover I want here him here with me now since the focus is on us about starting our life and living together. Is it still possible?

[Iamrobot85]

I think we will almost definitely get denied entry at the Canadian border if you try to bring him in, and that would be bad because if you get denied you will have to go back and go through AMERICAN customs and he will almost definitely be deported then. 

[CharlieD10]

Claiming asylum in Canada when he didn't claim it in the US is not going to work. 

I don't see any way around him being deported if you bring him to the attention of any border agents, but I'm not an immigration attorney or consultant, so I don't know all the ramifications of that decision.  I do know from everything I have read that there are few (if any) options open to you that do not involve him applying from Pakistan.

In order to be granted asylum he needs to prove conclusively that HE will be personally affected by conditions there in Pakistan, he can't just say "the country isn't safe", that is not a Convention ground for refugee protection.  Lots of people live in "unsafe" countries (ask me about the murder statistics in mine!).  Unless they can show they are personally or will be personally affected by the conditions, refugee claims based on that ground will fail.  Also, as scylla mentioned, given that he never claimed refugee protection in the US but now wants to claim it in Canada after remaining in the US illegally, he will likely fail on that ground as well.

Seriously...you need an immigration attorney.  We can offer you all the opinions you want, but you need someone trained to deal with situations like this.

[Able18]

okay I will talk to an Immigration lawyer. Thank you, your opinion is appreciated.

[saralune]

To add...

Asylum is not an option due to the safe third country agreement.

this is really important to consider, and take in consideration here.

Please do not go to the border and ask for asylum. He can not do that and will be deported if he does so. last thing you want from what I can see.

He would need to ask asylum in the US, as he arrived there first. If he does go to the border, they will send him back to the US border, and then he will defenetly get deported....

My husband was illegal in the USA. We are still waiting, 19 months later for his Visa He never was deported or asked to leave at any moment. He left out of his own free will. I can t tell you yet if it impacted his application or not, but it has made it that much more longer. Our lawyer told us that by the law he is not inadmissible, BUT it does reflect poorly on his character.

On the opposite hand we had really strong submission for proofs of our relationship, and I hope that this will weight in positively.

Also consider that if you indeed decided to get married and go through with the application it is most probable that he will have to go to Pakistan anyway, if he is called for an interview, as he will have to apply at the embassy from his home country...

I know that people who have entered a country legally and have overstayed their VISA, in some case, can apply within that country, but you would have to look up what the conditions are, as I do not recall them exactly right now.

I tough my case was hell, but I guess could be worst...

Good luck

[chess101]

You're in a very difficult situation, Could he not claim refugee status in Canada?

[saralune]

You're in a very difficult situation, Could he not claim refugee status in Canada?

this is what he have been telling her not to do.. no he cant...