Spousal sponsorship with pending asylum in the USA

[tharealimmigrant]

Hi there.
I entered the US on a 6-month student visa and then applied for asylum. My case has been pending for almost 18 months now and my status is conditioned by my working permit which I have to renew every year. I recently got married to  my girlfriend who is Canadian citizen. I have a few questions

1- Will my pending asylum application affect my spousal sponsorship to Canada? ( I have proof of visits-air tickets-messages and phone calls logs-pictures of the wedding and other pictures...)

2- Will US immigration provide all the details of my asylum application to Canada immigration for review?

3- Will my application for PR in Canada be processed in the US?

PS: I was previously married to my ex-wife in Cameroon before coming to the US and the divorce for my first marriage was pronounced 7 months ago.

HELP PLEAAAAAAAASE!!!

[PMM]

Hi

Hi there.
I entered the US on a 6-month student visa and then applied for asylum. My case has been pending for almost 18 months now and my status is conditioned by my working permit which I have to renew every year. I recently got married to  my girlfriend who is Canadian citizen. I have a few questions

1- Will my pending asylum application affect my spousal sponsorship to Canada? ( I have proof of visits-air tickets-messages and phone calls logs-pictures of the wedding and other pictures...)

2- Will US immigration provide all the details of my asylum application to Canada immigration for review?

3- Will my application for PR in Canada be processed in the US?

PS: I was previously married to my ex-wife in Cameroon before coming to the US and the divorce for my first marriage was pronounced 7 months ago.

HELP PLEAAAAAAAASE!!!

1.  Yes, CIC will probably look at fairly closely especially with the divorce shortly before the marriage.
2.  Yes
3.  No, as you were not admitted to the US for 1 year.

[tharealimmigrant]

Thanks PMM and sorry for my late reply.

To be honest I was worried about my asylum case still pending.

1- Do you think Canada Immagration can let my wife sponsor me for PR with my "pending refugee status" here in the US? I heard that they will only consider my wife's sponsorship only If i withdraw my asylum application before she submits the application for sponsorship.

2- By withdrawing my asylum application will I immediately become illegal. I have a working permit, will US Immigration immediately cancel all my "working priviledges"?

3- I was illegally arrested and detained twice in my country but there is no official record. Evidence is easily falsified and/or destroyed because my home country is poor and not computerized. I did mention those two arrests in my asylum application though. Canada Immigration requires background checks from both home country and here in the US. I am pretty sure the one from my home country will show no criminal record.

Will this be an issue for my sponsorship in  Canada?

I desperately need advice.  I am confused and don't know what to do.

[SimpleMan]

Thanks PMM and sorry for my late reply.

To be honest I was worried about my asylum case still pending.

1- Do you think Canada Immagration can let my wife sponsor me for PR with my "pending refugee status" here in the US? I heard that they will only consider my wife's sponsorship only If i withdraw my asylum application before she submits the application for sponsorship.

2- By withdrawing my asylum application will I immediately become illegal. I have a working permit, will US Immigration immediately cancel all my "working priviledges"?

3- I was illegally arrested and detained twice in my country but there is no official record. Evidence is easily falsified and/or destroyed because my home country is poor and not computerized. I did mention those two arrests in my asylum application though. Canada Immigration requires background checks from both home country and here in the US. I am pretty sure the one from my home country will show no criminal record.

Will this be an issue for my sponsorship in  Canada?

I desperately need advice.  I am confused and don't know what to do.

1. Yes, what you heard is correct.  You will need to withdraw your asylum application before your wife can submit the application for sponsorship.

2. I assume you have an EAD card. I suggest that you renew your EAD card first so that it would be valid for a year, and then withdraw your asylum application.
This way, you can continue working using your EAD card.

3. If there is no record of your arrests in your home country and you are sure about it, then you don't have to report it.
However, I think it is the best policy to be honest and write a letter explaining to Canadian immigration your illegal arrest and the history behind it.
Also make sure to tell them that you did not commit any crimes. This way, if they find out about those arrests in the future, you told them about the arrests already
and you will not get in trouble since you are honest.

[tharealimmigrant]

Thank You for you advice! I sincerely appreciate it..

In the case of me withdrawing my asylum application any idea on how to do it? By the way Miami-Field Office is still holding my original birth certificate. Will they return my original documents when they cancel my claim?

Thank You

[SimpleMan]

I suggest that you write an asylum application withdrawal letter and mail it to the USCIS Miami Field Office. Also in the letter give them your most recent address, and request that they return your original documents.

In theory, USCIS should return your original documents if your case file is closed, however, I heard many stories where USCIS lost files and original documents. So I will not count on getting them, but if you are lucky, you might get them.

Can you get another birth certificate from your home country? This might be faster than waiting for USCIS to return your original documents. Just as a backup in case USCIS does not return them, I suggest that you talk to your relatives back home, and ask them if they can help you in getting a new birth certificate.

[tharealimmigrant]

Thanks SimpleMan.
I don't know about getting a new birth certificate but I will ask to family members to look into it.

So you mean withdrawing my asylum after receiving my new EAD will not be an issue as long as the EAD remains valid. Let me ask you this worst case scenario question then.

1- What if the new EAD expires and Canada expiration is still processing my PR sponsporship?

2- Will USCIS send me deportation letters as soon as they cancel my asylum application even though my EAD remains valid?

3- What If I just go to the Canadian border as soon as I receive notice from USCIS cancelling my asylum application?

I am sorry for asking all these questions. You'll find them silly but It's just I am trying to anticipate any situation that may pop up.

Thank You

[SimpleMan]

1- What if the new EAD expires and Canada expiration is still processing my PR sponsporship?
This is not a problem if you start working for an employer using a valid EAD, and the EAD expires later during the course of your employment.
The only problem is that if you want to change jobs, and your EAD is expired. But as long as you stick to your original job which you started with your valid EAD, you are ok.

2- Will USCIS send me deportation letters as soon as they cancel my asylum application even though my EAD remains valid?
If you don't cancel you applicaction, and then your case is rejected by the immigration judge, then YES, they will send you a notice for deportation, and they will put this in your file.
However, if you  initiate the process to cancel your application, and the USCIS cancels it based on your request, then they will just close your file, and forget about you. They will assume that you are not interested in gettng asylum in the US, and you moved out.

3- What If I just go to the Canadian border as soon as I receive notice from USCIS cancelling my asylum application?
Well, why would you want to go to the Canadian border? If you are not planning to apply for refugee in Canada, then don't do it. The CBSA will detain you if you try to enter Canada without a visa (I assume you are not from a visa-exmpet country.Then if you get detained by the CBSA, then this will complicate your wife's sponsorship for you in the future to Canada. Just  stay in the US until you get your Canadian PR.

[titina]

My husband is also seeking asylum in the USA while i'm sponsoring him in Canada, he didn't withdrew his asylum application in the USA and we were very honest about where he's leaving and his status in the USA, however the sponsorship application was approved and sent to Nairobi for processing ... I think it will be wiser to wait until your PR application is almost completed then withdraw the asylum application in the USA.

[tharealimmigrant]

Thanks Titina for your post.

I tried to have my fingerprints taken at a local police station today. The issue is state ID has expired and I need to have my working permit (which I am renewing)to renew it. They won't take my passport which is valid though.

1-Is it any any other location or office I can go to to have my prints taken so I can get my FBI background check processed? I live in Montgomery County, MD

2- In the case of an illegal alien in the US  being sponsored by your wife in Canada, is there any way you can get fingerprinted at specific location without valid government issued ID?

I try to save time by doing this ASAP. I sincerely don't know when I will hear from USCIS , my EAD renewal was sent almost 60 days ago and the case status is "Initial Review" ever since. I really want to save time beceause I hear on the post that FBI background checks could go up to 3months.

[tharealimmigrant]

Hello everyone.
It's been 7 months already that Immigration Canada received my spousal sponsorship (Quebec). At this stage, I have already been issued a Certificate of Selection for Quebec and Spousal Sponsorship has been approved. Waiting on the Visa Office to make a move (ECAS idle for the past 5 months : "Application Received").
In the meantime I was just granted asylum in the USA (application pending for the last 2 years) and at the time of spousal sponsorship application, I stated my status then as "Asylum Applicant", given that my asylum application was pending. Know I have a couple questions to ask:

1- How do I notify my visa office (Dakar-Senegal) of my my current change of status? What exactly should I use as means of communication?

2- Can this change, significantly affect my spousal sponsorship in Canada?

3- I am eligible for refugee travel document, can I apply for a canadian visa to visit my wife from time to time in Canada with no intent to remain there as my spousal sponsorship in process?

Thanks