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Advice me pls

Larry2018

Newbie
Apr 22, 2018
3
0
Hello,

I write to inquire if I am eligible to seek refugee in Canada after I have been found inadmissible in Canada.

My wife left for Canada in 2016 after which she applied for a spousal open work permit for me and Temporary resident visa for our daughter. After 8 months of the application, i received a notifnotification of procedural fairness. There was a query in the documents asking me to explain why I didn't mentioned that I was refused a US Visa before. Honestly speaking it was a typographical error as there was no intention to lie at all. We responded but I got an inadmissibility notification after 1 week. We tried to seek for a review of the decision by hiring an immigration lawyer but the review was not granted.

In 2017 April, we (I and my daughter) applied for a US visa and it was approved. We planned a holiday I'm May 2017. After the holiday May, we went back to our country. I visited US again in September 2017 alone and met with my wife again. I stayed in US from September and left in January 2018.

In March 2018, I planned to visit US with my daughter but unfortunately we were held up and detained at the Airport. The immigration police asked why i stayed for 4 months and i told him i was studying for a project management exam and waiting for an interview in respect of my MBA Application with University of Texas but the guy was not convinced. We were about been deported but I told the immigration Police that I would like to seek asylum as I don't plan to go back. So, I was scheduled for an interview but the asylum officer said that female genital metulation is no longer a ground. I felt so bad and requested for the decision made by the asylum officer be reviewed by an immigration judge. So, on that ground and because of my daughter (she is 4years), the immigration Police gave us a parole to enter US legitimately for one month to enable us go to court from home instead of detaining us but collected our passports. Up till now we haven't received any invitation from the court and 1 month on the parole documents are expired.

Please based on the above explanation can I enter Canada and seek refugee?

I would be grateful for your sincere advice. Thanks
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Hello,

I write to inquire if I am eligible to seek refugee in Canada after I have been found inadmissible in Canada.

My wife left for Canada in 2016 after which she applied for a spousal open work permit for me and Temporary resident visa for our daughter. After 8 months of the application, i received a notifnotification of procedural fairness. There was a query in the documents asking me to explain why I didn't mentioned that I was refused a US Visa before. Honestly speaking it was a typographical error as there was no intention to lie at all. We responded but I got an inadmissibility notification after 1 week. We tried to seek for a review of the decision by hiring an immigration lawyer but the review was not granted.

In 2017 April, we (I and my daughter) applied for a US visa and it was approved. We planned a holiday I'm May 2017. After the holiday May, we went back to our country. I visited US again in September 2017 alone and met with my wife again. I stayed in US from September and left in January 2018.

In March 2018, I planned to visit US with my daughter but unfortunately we were held up and detained at the Airport. The immigration police asked why i stayed for 4 months and i told him i was studying for a project management exam and waiting for an interview in respect of my MBA Application with University of Texas but the guy was not convinced. We were about been deported but I told the immigration Police that I would like to seek asylum as I don't plan to go back. So, I was scheduled for an interview but the asylum officer said that female genital metulation is no longer a ground. I felt so bad and requested for the decision made by the asylum officer be reviewed by an immigration judge. So, on that ground and because of my daughter (she is 4years), the immigration Police gave us a parole to enter US legitimately for one month to enable us go to court from home instead of detaining us but collected our passports. Up till now we haven't received any invitation from the court and 1 month on the parole documents are expired.

Please based on the above explanation can I enter Canada and seek refugee?

I would be grateful for your sincere advice. Thanks
You can try walking up to the Canadian border but to be honest, I suspect that you would be wasting your time.
 

Larry2018

Newbie
Apr 22, 2018
3
0
Thanks for your response. But I don't understand what you.
Do you mean it's a waste of time to work to the Canadian border? Pls can you explain more...Thanks
 

Jahprovideesp

Star Member
Apr 15, 2018
112
89
You should have walk to the border in September 2017. Once you seek Asylum in US and abandon it to move to Canada, You chance of getting approved hearing is low
 

Larry2018

Newbie
Apr 22, 2018
3
0
Thank you for your response. I also want to mentioned that I have not submitted any document for asylum application in US aside from the phone interview I had at the Airport. The notification I'm waiting for is to be informed whether I'm eligible to seek asylum or not. I haven't filed an application at all...please advice
 

scylla

VIP Member
Jun 8, 2010
92,835
20,492
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
Thanks for your response. But I don't understand what you.
Do you mean it's a waste of time to work to the Canadian border? Pls can you explain more...Thanks
Because you're inadmissible.
 
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Jahprovideesp

Star Member
Apr 15, 2018
112
89
Thank you for your response. I also want to mentioned that I have not submitted any document for asylum application in US aside from the phone interview I had at the Airport. The notification I'm waiting for is to be informed whether I'm eligible to seek asylum or not. I haven't filed an application at all...please advice
which country are you from?
 

Jahprovideesp

Star Member
Apr 15, 2018
112
89
Thank you for your response. I also want to mentioned that I have not submitted any document for asylum application in US aside from the phone interview I had at the Airport. The notification I'm waiting for is to be informed whether I'm eligible to seek asylum or not. I haven't filed an application at all...please advice
You have been fingered print and all the Interview are recorded. Canada and US share information, So if you are crossing the border have it in mind you chance for asylum case been approved is low but if your wife has PR she can try again as you already have an inadmissible case in Canada.
 
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zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Thank you for your response. I also want to mentioned that I have not submitted any document for asylum application in US aside from the phone interview I had at the Airport. The notification I'm waiting for is to be informed whether I'm eligible to seek asylum or not. I haven't filed an application at all...please advice
The fact that you tried to claim asylum AFTER you were not believed about your reasons for entry into the USA and about to be "deported" does not help your claim.
If you really needed asylum, you should have said so immediately on entry. They, correctly I suspect, think that you are not really a valid asylum seeker but are trying to "play the system". Your chances now of getting a TRV for Canada are probably zero, regardless of being inadmissible for the earlier misrepresentation. Also, if your passport is being held by the US immigration service, your options are limited anyway. If the USA removes you, your visa will probably be cancelled as well.
 
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zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
You have been fingered print and all the Interview are recorded. Canada and US share information, So if you are crossing the border have it in mind you chance for asylum case been approved is low but if your wife has PR she can try again as you already have an inadmissible case in Canada.
The wife can't be a PR because of the attempt to obtain a "spousal open work permit" for the OP. She must therefore be on a TRV herself.