Travel restrictions for spouse

[chelavnzuo]

The US visa is sometimes invalidated. I wouldn't say this happens automatically. Sometimes it's invalidated and sometimes it isn't. If someone crosses the border from the US to Canada to claim asylum, any valid visa is generally invalidated by the US.

There is a detailed cessation thread in the Citizenship section of the forum that discusses this. Based on how IRCC is evaluating cases now, it appears that using your home country passport does not impact citizenship provided you don't return to your home country. If you return to your home country / country of persecution at any time before you have citizenshp, that's what causes problems and can result in PR status being revoked.

Thanks for the response. In our case we didn't cross the border from the US to Canada to claim asylum. And I'm perfectly fine to reapply for US visa.

3 quick follow-up questions:
1. is there a way to check whether my current US visa is still valid or not?
2. can I reapply for the US visa using my home country passport, or I absolutely can only apply that using RTD?
3. could you be so kind to share with me the IRCC article on "using your home country passport does not impact citizenship provided you don't return to your home country"?

The reason is that it's been almost a year since I applied for RTD and still no response on what used to be 20-day process. It might take another year or two or even longer to get the RTD, I just wanted to visit my grandson in the US, not going back to home country.

Many thanks!

 

[Simba112]

Thanks for the response. In our case we didn't cross the border from the US to Canada to claim asylum. And I'm perfectly fine to reapply for US visa.

3 quick follow-up questions:
1. is there a way to check whether my current US visa is still valid or not?
2. can I reapply for the US visa using my home country passport, or I absolutely can only apply that using RTD?
3. could you be so kind to share with me the IRCC article on "using your home country passport does not impact citizenship provided you don't return to your home country"?

The reason is that it's been almost a year since I applied for RTD and still no response on what used to be 20-day process. It might take another year or two or even longer to get the RTD, I just wanted to visit my grandson in the US, not going back to home country.

Many thanks!

1. Not sure if there is a way, unless if you attempt at Point of Exit
2. No you cant apply with your home country passport provided you are conventional refugee, from legal perspective not administrative
3. Below is the link

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=610&top=11

https://ccrweb.ca/en/travel-outside-canada-refugees

Loss of refugee status (cessation)
Canada offers protection to refugees because they have shown that they are in danger in their home country. However, Canadian government has the right to remove someone’s refugee status if it believes that the person accepted the protection of their home country (known as “re-availment”) after obtaining refugee status in Canada.

This could happen if a person:

• Travels to their home country (even for a short visit)
• Travels using the passport of their home country
• Applies for a new passport from their home country

If a person has done one of the above-mentioned things, it may not automatically be a problem. It is up to the Canada Border Services Agency to decide which cases to pursue. If they pursue the case, and the person loses their refugee status, they may also automatically lose their permanent residence (if they have it).

As this is a very serious issue, it is important to understand which actions to avoid. For more information please see the CCR's resource: Basic Information about Cessation.

 

[chelavnzuo]

1. Not sure if there is a way, unless if you attempt at Point of Exit
2. No you cant apply with your home country passport provided you are conventional refugee, from legal perspective not administrative
3. Below is the link

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=610&top=11

https://ccrweb.ca/en/travel-outside-canada-refugees

Loss of refugee status (cessation)
Canada offers protection to refugees because they have shown that they are in danger in their home country. However, Canadian government has the right to remove someone’s refugee status if it believes that the person accepted the protection of their home country (known as “re-availment”) after obtaining refugee status in Canada.

This could happen if a person:

• Travels to their home country (even for a short visit)
• Travels using the passport of their home country
• Applies for a new passport from their home country

If a person has done one of the above-mentioned things, it may not automatically be a problem. It is up to the Canada Border Services Agency to decide which cases to pursue. If they pursue the case, and the person loses their refugee status, they may also automatically lose their permanent residence (if they have it).

As this is a very serious issue, it is important to understand which actions to avoid. For more information please see the CCR's resource: Basic Information about Cessation.

Given my close relationship with US personals (son has green card and grandson is US citizen), what's the consequence of making an attempt at the point of entry? Will they just deny and ask me to reapply, or the deny will automatically come with a 5-year ban?

 

[Simba112]

Given my close relationship with US personals (son has green card and grandson is US citizen), what's the consequence of making an attempt at the point of entry? Will they just deny and ask me to reapply, or the deny will automatically come with a 5-year ban?

I cant speculate on this one. Regardless how close your relationship with US Citizens Anything is possible, from refusal to a ban.