visa query

[sansa]

hello everyone,

i am very disturbed because of a situation my fiance is going through. 7 years ago my fiance and his whole family (his siblings and parents) moved to USA. he was 21 at the time and the rest of the kids were younger than him. they fled their country because of religious reasons, as they were being tortured and threatenend, fearing day and night for their safety. when they applied for asylum here in the USA, by the Grace of Almighty they were all granted the asylum. since then they became green card holders too.

since he was above age 21, his case had to be filed separately. his judge unfortunately was not sympathetic, even though the case was the same as the rest of his family. the thing is that he was sent a deportation notice but he never received this. he only found that out once he seeked a lawyers advice on how to go about getting married. now he realized that he has a fugitive status because of his overstay.

my questions is that does he have ANY hope at all? if he marries a US citizen like myself will his chance increase? if nothing happens and he has to move to his country, can he apply for a canadian visa based on the religious persecution that he exprienced and will experience in his own country once he returns? will canada allow him to apply and enter the country and become an asylee?

please please help me and give me some information because it is very bad situation and me and my fiance, along with his entire family is becoming totally depressed and hopeless.

please give us some guidance.

thanks in advance.

[thaiguy]

The question I would have is whether 'you' are eligible to immigrate to Canada.  If you are, then you can add him to your Canadian immigration application after you get married.

Other than that, I would recommend he speak to an immigration attorney.  I believe, since he hasn't been accepted to the U.S., that he would be able to apply for asylum to Canada.  But an attorney could, for a small fee, give him the best advice.

[PMM]

HI

The question I would have is whether 'you' are eligible to immigrate to Canada.  If you are, then you can add him to your Canadian immigration application after you get married.

Other than that, I would recommend he speak to an immigration attorney.  I believe, since he hasn't been accepted to the U.S., that he would be able to apply for asylum to Canada.  But an attorney could, for a small fee, give him the best advice.

1.  Not eligible to apply for refugee status in Canada, as US is still safe third country.
2.  He cannot apply for Canadian refugee status from his home country.


PMM

[sansa]

thanks for your replies. i apologize but i am not very knowledgeable about laws/visas.

firstly i want to ask PMM, you said that he is not eligible to get canadian asylum. if you do not mind, can you please explain in a little bit more detail why not, and how this is going to be difficult.

secondly, if he does have to go to his country, which is most likely the case, will he never be able to apply for canadian asylum?

the reason i am eager that he go to canada is that i have a very big family there and i know i will be able to be with him and that he will be taken care of by them. also he too has many relatives in canada, all of whom have received asylum based on their religion.

please guide me further. i cannot describe the level of my tension and depression.

your help is greatly appreciated.

thanks a lot once more.

[PMM]

Hi

thanks for your replies. i apologize but i am not very knowledgeable about laws/visas.

firstly i want to ask PMM, you said that he is not eligible to get canadian asylum. if you do not mind, can you please explain in a little bit more detail why not, and how this is going to be difficult.

secondly, if he does have to go to his country, which is most likely the case, will he never be able to apply for canadian asylum?

the reason i am eager that he go to canada is that i have a very big family there and i know i will be able to be with him and that he will be taken care of by them. also he too has many relatives in canada, all of whom have received asylum based on their religion.

please guide me further. i cannot describe the level of my tension and depression.

your help is greatly appreciated.

thanks a lot once more.

1.  Canada has signed a "safe third country"  (under appeal at the moment) with the US.  basically what it states that a person must make his/her claim for refugee status in the first country that they arrive in, either the US or Canada.  Your b/f has made a claim in the US that has been adjudicated, so if he attempted to make a claim in Canada, it would not be allowed and he would be returned to the US.  http://www.cic.gc.ca/english/refugees/inside/apply-who.asp
2.  To make a claim outside Canada, you must be outside the country that you are claiming refugee status.  Canada does not process claims "sur place"   Here is what the Act states:



Convention refugee

96. A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,

(a) is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries; or

(b) not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.
 
PMM

[sansa]

thanks for the advice. now it is a more clear what you meant. btw, if he is in a third country, instead of his own, and applies for refugee from there then can he have some hope to go to canada?

right now we are looking at many options. is it possible that he applies for university in canada and if he gets student visa he can have it changed to refugee later?

thanks a lot!

[PMM]

Hi

thanks for the advice. now it is a more clear what you meant. btw, if he is in a third country, instead of his own, and applies for refugee from there then can he have some hope to go to canada?

right now we are looking at many options. is it possible that he applies for university in canada and if he gets student visa he can have it changed to refugee later?

thanks a lot!

1.  If he is outside his country of nationality and not in the US he can apply to the UNHCR for refugee status.
2.  It is extremely unlikely, with no status in the US and a failed refugee claim that he would be issued a study permit.  His chances, if he got a study permit and then claiming refugee status to be successful?  Who knows, It can be done, but it wouldn't be simple.

PMM