asylum

[lana abdalla]

Good morning

we came from USA to canada in july 2016
we applied for asylum and we got the approved, and we didn’t get the PR till now, now we want to travel and we have travel documents but we have amirecan son and his American passport still with the government so how and where we should go to ask for it? ( he is 3 years old and he is waiting for his PR as well)

 

[canuck78]

Are you sure you have been approved PR already? You need to apply for RTD.

 

[lana abdalla]

Are you sure you have been approved PR already? You need to apply for RTD.

We got the approval from the court (Asylum approval) then we applied for PR but our PR status still ( Process).
my son can’t apply for Travel document because his asylum application rejected ( because he is american ) so what should i do to return his passport?

 

[Alurra71]

We got the approval from the court (Asylum approval) then we applied for PR but our PR status still ( Process).
my son can’t apply for Travel document because his asylum application rejected ( because he is american ) so what should i do to return his passport?

You can reclaim his passport from CBSA by contacting them, but I wouldn't do that yet, if I were you. You said you have not yet been approved for PR so you can not yet sponsor your son and you also said he was rejected on the asylum application because of his US citizenship. If you get his passport and leave the country it is possible they might not let him back in. It might be wiser if you wait until your own application is done processing and then you can begin the sponsorship application for him before travelling abroad.

 

[Buletruck]

Agreed. They may not give it back to him until he leaves the country. And then it may be difficult for him to come back after.

 

[lana abdalla]

You can reclaim his passport from CBSA by contacting them, but I wouldn't do that yet, if I were you. You said you have not yet been approved for PR so you can not yet sponsor your son and you also said he was rejected on the asylum application because of his US citizenship. If you get his passport and leave the country it is possible they might not let him back in. It might be wiser if you wait until your own application is done processing and then you can begin the sponsorship application for him before travelling abroad.

but we applied for him with us for the PR , and

You can reclaim his passport from CBSA by contacting them, but I wouldn't do that yet, if I were you. You said you have not yet been approved for PR so you can not yet sponsor your son and you also said he was rejected on the asylum application because of his US citizenship. If you get his passport and leave the country it is possible they might not let him back in. It might be wiser if you wait until your own application is done processing and then you can begin the sponsorship application for him before travelling abroad.

we applied for him with our PR applications so he doesn’t need sponsorship, and we have the letter from the government that it explain he is eligible to be permanent residence because he follow our status, do you think that not enough to let him back to Canada??

 

[canuck78]

but we applied for him with us for the PR , and

we applied for him with our PR applications so he doesn’t need sponsorship, and we have the letter from the government that it explain he is eligible to be permanent residence because he follow our status, do you think that not enough to let him back to Canada??

The issue is you haven't finished the process yet. So he is still a us citizen visiting Canada.

 

[Cip]

You can reclaim his passport from CBSA by contacting them, but I wouldn't do that yet, if I were you. You said you have not yet been approved for PR so you can not yet sponsor your son and you also said he was rejected on the asylum application because of his US citizenship. If you get his passport and leave the country it is possible they might not let him back in. It might be wiser if you wait until your own application is done processing and then you can begin the sponsorship application for him before travelling abroad.

But why wont they let him in am jus wondering bcos normally an American citizen doesnt need visa to enta canada so why will his son case be different jus need clarification on that

 

[rish888]

But why wont they let him in am jus wondering bcos normally an American citizen doesnt need visa to enta canada so why will his son case be different jus need clarification on that

Americans can only enter Canada without a visa for a temporary stay. Furthermore, an American passport only exempts one from seeking prior permission to travel to a Port of Entry. Americans still need to seek admission, and it is up to a Border Services Officer to admit them or not. Since the child has a failed asylum claim and it's unlikely that he will return to the U.S. at the end of the authorized period (usually 6 months) he may very well be denied entry as he is not a bona-fide visitor.

An American is not a Canadian citizen or Permanent Resident, while the historic ties between the two nations make cross-border travel relatively easy, a Foreign National does not have a right of entry. (and while Americans and Canadians may be the children of a common mother Americans are still Foreign Nationals.) The only individuals who can never be denied entry to Canada regardless of circumstances are Canadian citizens and Permanent Residents.

 

[Buletruck]

The only individuals who can never be denied entry to Canada regardless of circumstances are Canadian citizens and Permanent Residents.

Actually, only Canadian citizens are guaranteed entry under any circumstance. Permenent residents can be denied entry if they are guilty of certain crimes or activities (treason, terrorism, conspiracy against the government, etc).