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Canada express entry for asylum applicant in the U.S.A.

FPK

Newbie
Apr 5, 2019
5
0
Yep, person doesn’t need to be in the US to receive the FBI check , I assume the issue here is that one of the spouses is in the US with pending asylum case and not able to travel ,more of a problem is to receive police clearance from your native country through the consulate (my friend is from India , they refused to issue him any assistance since he had no valid visa , so he had to give power of attorney to his parents , so they could get certificate from India for him and send it here). But that’s may be different from case to case . As of finger prints : VAC can be an option I guess ! In my case there was no a single VAC available around (only in NY) , had to go to USCIS visa supporting center .

In any case most of the possible issues are not critical and could be solved .
Alright. Thanks alot for the feedback
 

FPK

Newbie
Apr 5, 2019
5
0
Status update : received my passport today with the PR visa and CORP !

Timeline :

EE profile created : October 29th
ITA: October 30th
Applied for PR : December 28th
AOR : December 28th
PPR: March 28th
Passport sent to Ottawa : April 8th
Passport and CORP received : April 19th
This is so timely!
 

Garry1992

Star Member
May 10, 2018
66
11
Status update : received my passport today with the PR visa and CORP !

Timeline :

EE profile created : October 29th
ITA: October 30th
Applied for PR : December 28th
AOR : December 28th
PPR: March 28th
Passport sent to Ottawa : April 8th
Passport and CORP received : April 19th
That Great!. Congratulations. I am still waiting for biometrics request. How long after AOR did you received the Biometrics Request?
 

Mandeep112

Full Member
Apr 24, 2019
28
0
Hii. I am following this thread. Me and my husband are in USA with indian citizenship.I am on H1B visa and my husband just got his rejection for his asylum case in usa, and my son who is 2yrs old is US citizen by birth. I want to apply for canadian express entry as a primary applicant. The confusion i have is that if i create my profile with my husband...what are the chances of rejection???. He is able to provide the Police clearance certificate from india as well as USA. He didnt get any work permits or anything since he filled for asylum.
 

Garry1992

Star Member
May 10, 2018
66
11
Hii. I am following this thread. Me and my husband are in USA with indian citizenship.I am on H1B visa and my husband just got his rejection for his asylum case in usa, and my son who is 2yrs old is US citizen by birth. I want to apply for canadian express entry as a primary applicant. The confusion i have is that if i create my profile with my husband...what are the chances of rejection???. He is able to provide the Police clearance certificate from india as well as USA.
Hi Mandeep

If you have the required score and everything else required for Express Entry, you should be able to get the PR. I have applied for the same and we have people here on this thread who got there PR after applying for Asylum in US. One question i have for you is that, Does you husband have legal status in US right now? If yes, then there should be no problem.
 

Mandeep112

Full Member
Apr 24, 2019
28
0
No. He got the rejection from asylum last year, he is still in USA. We are in delima that whether he should go back to india or we can apply canadian PR from here. He is the only reason to apply for express entry as my status is good and i am working in USA. But again the question is since he dont have any legal visa while landing and his asylum is already rejected, if i put him also in my profile,canadian immigration will ask for his documents later on. he dont have any ead's or work permits.
 

Garry1992

Star Member
May 10, 2018
66
11
No. He got the rejection from asylum last year, he is still in USA. We are in delima that whether he should go back to india or we can apply canadian PR from here. He is the only reason to apply for express entry as my status is good and i am working in USA. But again the question is since he dont have any legal visa while landing and his asylum is already rejected, if i put him also in my profile,canadian immigration will ask for his documents later on. he dont have any ead's or work permits.
I am not really sure about this, but i can tell you that my consultant did ask me for my EAD while submitting my documents. But if i were you i would definitely consult an immigration lawyer.
 

Mandeep112

Full Member
Apr 24, 2019
28
0
I talked to the lawyers in canada itself. They gave the another route like apply as divorcee and sent him to india, and then remarry and bring back him to canada .......Again that is a very long process. Not sure what to do. Anyways thanks for the quick reply.
 

Garry1992

Star Member
May 10, 2018
66
11
I talked to the lawyers in canada itself. They gave the another route like apply as divorcee and sent him to india, and then remarry and bring back him to canada .......Again that is a very long process. Not sure what to do. Anyways thanks for the quick reply.
If he is gonna go to India, then why divorce? He will have a legal status in India and that's all they need. Doesn't matter if you're here and he is there while applying.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I talked to the lawyers in canada itself. They gave the another route like apply as divorcee and sent him to india, and then remarry and bring back him to canada .......Again that is a very long process. Not sure what to do. Anyways thanks for the quick reply.
This won’t work and will ruin your life. Find a new lawyer who knows what he’s doing. If you do this you’ll never be able to sponsor your spouse in the future.
 

Garry1992

Star Member
May 10, 2018
66
11
hi guys,
I'm in the same situation. Im in pending asylum since 2012.
I got Aor nov 2018 and hope for the best.
Recently I found out that my case was transferred to Montreal visa office which is notorious to take longer then 6 months in processing time. I wonder if its because of my USA asylum claim.

Do any of you with asylum claims in USA know which visa office is your EE application processed?

Thank you.
Hey
Any updates on your application?
 

mike2236

Hero Member
Nov 28, 2017
365
96
Hii. I am following this thread. Me and my husband are in USA with indian citizenship.I am on H1B visa and my husband just got his rejection for his asylum case in usa, and my son who is 2yrs old is US citizen by birth. I want to apply for canadian express entry as a primary applicant. The confusion i have is that if i create my profile with my husband...what are the chances of rejection???. He is able to provide the Police clearance certificate from india as well as USA. He didnt get any work permits or anything since he filled for asylum.
Hi,

Failed asylum is not a problem but maybe dependent on the officer. Of course you need to be truthful in your application. My wife had a fail asylum application years ago. However she didn’t had completely legal status as of current. Our case was approved with myself being the primary applicant and she as my dependent. As I indicated that she didn’t had complete legal status at the time of application or approval and yet we were approved. I suggest that you consult a few other lawyers as well.
 

Mandeep112

Full Member
Apr 24, 2019
28
0
Hi,

Failed asylum is not a problem but maybe dependent on the officer. Of course you need to be truthful in your application. My wife had a fail asylum application years ago. However she didn’t had completely legal status as of current. Our case was approved with myself being the primary applicant and she as my dependent. As I indicated that she didn’t had complete legal status at the time of application or approval and yet we were approved. I suggest that you consult a few other lawyers as well.
Hi,

Failed asylum is not a problem but maybe dependent on the officer. Of course you need to be truthful in your application. My wife had a fail asylum application years ago. However she didn’t had completely legal status as of current. Our case was approved with myself being the primary applicant and she as my dependent. As I indicated that she didn’t had complete legal status at the time of application or approval and yet we were approved. I suggest that you consult a few other lawyers as well.
Oh ok. Thank you so much.. how about the work permits and EAD's. Did your wife had that at the time you filed for EE. My husband never had any work permits
 
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mike2236

Hero Member
Nov 28, 2017
365
96
Oh ok. Thank you so much.. how about the work permits and EAD's. Did your wife had that at the time you filed for EE. My husband never had any work permits
She had EAD but they were all expired at the time of application and approval. All of her documents at time of application and approval was expired. The application did take some explanation as it involved some other issues. This is the reason that my case took a year to complete. However, they never asked for anything in regards to her asylum application. Best of luck.
 

Mandeep112

Full Member
Apr 24, 2019
28
0
She had EAD but they were all expired at the time of application and approval. All of her documents at time of application and approval was expired. The application did take some explanation as it involved some other issues. This is the reason that my case took a year to complete. However, they never asked for anything in regards to her asylum application. Best of luck.
OK. In my case, my husband never ever get any EAD's or work permits as his case was moved so fast and failed after appealing so many times. USCIS never issued any EAD's to him from day 1. We just have letters stating that he filled for asylum like so many letters BUT not any card or anything. So not sure will these letters work or not. His record is clear though he dont have tickets or any unacceptable activity or police record here in USA.