I have a US conditional green card can I apply to canada as a refugee?

[Jamil123]

Hello
I am from Afghanistan.
I am currently a lawful conditional permanent resident in United States. I came to usa in a fiancé visa and i am married but things did not go well between my wife and me and we are separated.
My uncle lives in canada and he is a canadian citizen. I have no one in the USA.
And I can not go to my country too because of alot of stuff and i know if i go to Afghanistan my life is gonna be in danger. I want to join my uncle and live with him .. is there any way or do I have any chances to apply to canada as a refugee ????

Thank you

 

[Bs65]

You can look at the various immigration programs like everyone else http://www.cic.gc.ca/english/immigrate/index.asp

As for claiming refugee status you would already be considered I think as being in a safe country legally, the US, so that would not work..

 

[rish888]

First off, you have posted in the wrong section. This is for Canadian Permanent Residents who are having Residency Obligation issues. To receive the best advice I would recommend posting your query in another section in the forum.

To answer your question in brief,

Canada and the United States have what they call a "Safe third country agreement." In short, this means that individuals in America can't claim refugee status in Canada and vice versa. However, this only applies for people seeking refugee status at land border crossings.

Because you hold a Green Card, you can enter by air. (subject to getting an ETA.) You may then seek refugee status at the airport. You will then be subject to a hearing which will decide if you shall receive refugee status or not. Should you be determined not to be a refugee, you will need to leave Canada.

You may alternatively visit Canada as a regular tourist via land. (On the force of your Green card.) You may then claim refugee status at an IRCC office inside Canada.

Alternatively, as you have an uncle in Canada, you may seek refugee status at a Canadian Land border. You may do this because by virtue of having family in Canada, you qualify for an exception to the safe third country agreement. Should you elect to take this route you should have some sort of documents proving the relationship between you and your uncle.

 

[Jamil123]

First off, you have posted in the wrong section. This is for Canadian Permanent Residents who are having Residency Obligation issues. To receive the best advice I would recommend posting your query in another section in the forum.

To answer your question in brief,

Canada and the United States have what they call a "Safe third country agreement." In short, this means that individuals in America can't claim refugee status in Canada and vice versa. However, this only applies for people seeking refugee status at land border crossings.

Because you hold a Green Card, you can enter by air. (subject to getting an ETA.) You may then seek refugee status at the airport. You will then be subject to a hearing which will decide if you shall receive refugee status or not. Should you be determined not to be a refugee, you will need to leave Canada.

You may alternatively visit Canada as a regular tourist via land. (On the force of your Green card.) You may then claim refugee status at an IRCC office inside Canada.

Alternatively, as you have an uncle in Canada, you may seek refugee status at a Canadian Land border. You may do this because by virtue of having family in Canada, you qualify for an exception to the safe third country agreement. Should you elect to take this route you should have some sort of documents proving the relationship between you and your uncle.

Thank you rish888

 

[canuck78]

This is wrong. You have residency in the US so you can't apply for refugee status in Canada. You can immigrate like any other US resident.

 

[Buletruck]

Agreed. The chances of claiming refugee status while being a legal resident (albeit temporary) is nil. I doubt any claim would be accepted from the US in this situation as you aren't a refugee.

 

[Jamil123]

Thank you and I appreciate you all

 

[rish888]

This is wrong. You have residency in the US so you can't apply for refugee status in Canada. You can immigrate like any other US resident.

Claiming refugee status at a Canada POE and getting the claim accepted by the IRB are two different things. Apologies if I didn't make a clear enough distinction between the two.

Possessing a Green card does not preclude one from seeking refuge in Canada. (As far as the safe third country agreement goes.) My post was more focused on the OP's question of "Can he apply as a refugee." Which he of course can. Even American citizens can claim refugee status in Canada. (Though the IRB would pretty much throw it out.)

While I am in agreement that the IRB is not going to look favorably on a refugee claimant having a green Card, considering his was temporary and marriage based, and now that the marriage has broke down he may need to leave the country, he may have a better claim than someone with an unconditional Green card. However, only experienced immigration attorneys can give advice regarding the best way to actually make a successful claim.

Just to clarify, the is a very big difference between seeking refugee status and getting accepted. You may seek refugee status, however this does not in any way guarantee it will be accepted. Acceptance is up to the IRB. If the IRB denies your claim you will have to leave Canada. (As I addressed in my original response.)