Claimed asylum in US 4 years back, now I'd leave for Canada.

[kz19]

Respected Experts here,

I made my asylum claim in December 2015 in the US and still my case is pending. Since then I have been in New York.

I have not even been called for any interviews and/or hearings until this date. I cannot tell if my claim will be granted or not. Not sure if I will get any notification from USCIS in near or far future.

My attorney and his team are 100% irresponsible, unprofessional, and they are giving me nothing as assistance as they were supposed to do, they didn't even attend my phone calls whenever I tried to reach them, they didn't even reply to my emails, there is no way I can talk to them or find any appoint with them.

They did not submit my complete declaration with all my story and evidence. They did not work with me regarding these things. I believe I was cheated and they're more of frauds than legal counsels.

Now I am not sure what is going on and how long I have to wait. Most importantly, what will be the end result after years of waiting here with my incomplete and unprofessionally handled case. I have been suffering from insecurity and lack of confidence living here. It's been more than 4 years I am here and still waiting.

As my case is still pending and that has not been rejected yet meaning that no decision has been made in my case, Now I am preferring to move to Canada soon. Though I know there are some proposed changes which are directly relevant to my ground that may justify me as ineligible for making claim in Canada, I would still consider leaving the US for my safety and to make sure my protection will be granted in Canada. Still, I have hope that I can do this move. I believe I have a good ground for my credible persecution. I have strong evidence. Multiple attacks, threats and, vulnerable traps I skipped from. I have lots of evidence.

Please shed some lights towards my thoughts and help me with my decision-making process. I have some more queries but this is the conversation opener for now. I would love to hear from you guys.

Regards,
Kazi

 

[canuck78]

Given that you have been in the US for 4 years it could be very difficult to prove that your life is at risk at the moment. Would not count on Canada approving you.

 

[kz19]

Given that you have been in the US for 4 years it could be very difficult to prove that your life is at risk at the moment. Would not count on Canada approving you.

Thanks for your reply. But I fled from my home country and there is no hope for me in US. That's the reason I am making this decision now.

 

[Newlife15]

Thanks for your reply. But I fled from my home country and there is no hope for me in US. That's the reason I am making this decision now.

I am not a lawyer , but logically speaking I would change my lawyer and send an appeal to the refugee Dept. In the US .
If you have strong evidence than you should have no issues going through the claim in the states.
Your situation in Canada won't change because you will be in a time lag here as well given the current wait times and getting a new lawyer here plus the burden of coming from United States and explaining in Canada the reason...may or may not even get entertained in Canada.
Best bet : push your claim in the states with a newlawyer.

 

[zardoz]

Respected Experts here,

I made my asylum claim in December 2015 in the US and still my case is pending. Since then I have been in New York.

I have not even been called for any interviews and/or hearings until this date. I cannot tell if my claim will be granted or not. Not sure if I will get any notification from USCIS in near or far future.

My attorney and his team are 100% irresponsible, unprofessional, and they are giving me nothing as assistance as they were supposed to do, they didn't even attend my phone calls whenever I tried to reach them, they didn't even reply to my emails, there is no way I can talk to them or find any appoint with them.

They did not submit my complete declaration with all my story and evidence. They did not work with me regarding these things. I believe I was cheated and they're more of frauds than legal counsels.

Now I am not sure what is going on and how long I have to wait. Most importantly, what will be the end result after years of waiting here with my incomplete and unprofessionally handled case. I have been suffering from insecurity and lack of confidence living here. It's been more than 4 years I am here and still waiting.

As my case is still pending and that has not been rejected yet meaning that no decision has been made in my case, Now I am preferring to move to Canada soon. Though I know there are some proposed changes which are directly relevant to my ground that may justify me as ineligible for making claim in Canada, I would still consider leaving the US for my safety and to make sure my protection will be granted in Canada. Still, I have hope that I can do this move. I believe I have a good ground for my credible persecution. I have strong evidence. Multiple attacks, threats and, vulnerable traps I skipped from. I have lots of evidence.

Please shed some lights towards my thoughts and help me with my decision-making process. I have some more queries but this is the conversation opener for now. I would love to hear from you guys.

Regards,
Kazi

It's quite probable that you would fall under the "Canada-U.S. Safe Third Country Agreement".
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement.html

You should follow up with the your claim in the USA.

If you come to Canada and try to claim asylum here, under these circumstances, you may find yourself deported back to your home country.

 

[jddd]

Thanks for your reply. But I fled from my home country and there is no hope for me in US. That's the reason I am making this decision now.

We understand that you fled from your home country but you have been living in the US for 4 years. Do you also have threats or personal persecution in the US? If you have proof of persecution while living in the US, then maybe you may have a chance in Canada but if not, you will be seen as someone who just did not want to wait for the result in an already safe country. Ultimately, choice is yours but agree with others that if your evidence is so strong, get a new lawyer and push for asylum where you are.

 

[canuck78]

There have been others in your situation which have regretted leaving the US. The attitude towards asylum seekers has started to shift now that 40K people have walked across the border.

 

[kz19]

We understand that you fled from your home country but you have been living in the US for 4 years. Do you also have threats or personal persecution in the US? If you have proof of persecution while living in the US, then maybe you may have a chance in Canada but if not, you will be seen as someone who just did not want to wait for the result in an already safe country. Ultimately, choice is yours but agree with others that if your evidence is so strong, get a new lawyer and push for asylum where you are.

I was attacked in the United States and I have real persecution that I can prove with the evidence.

There have been others in your situation which have regretted leaving the US. The attitude towards asylum seekers has started to shift now that 40K people have walked across the border.

Were those people deported to their home countries?

 

[canuck78]

I was attacked in the United States and I have real persecution that I can prove with the evidence.


Were those people deported to their home countries?

Yes or they are trying to stay via H&C. Even if you were attacked in the US, the US is considered a safe country with a system to protect you. A.so a large country where you can relocate.

The big issue is the longer you have been out of your home country, the tougher to prove that your life is in danger because you have been living in the US for so long.

Would recommend you consult with a few Canadian immigration attorneys before making any decisions.

 

[jddd]

I was attacked in the United States and I have real persecution that I can prove with the evidence.


Were those people deported to their home countries?

Then the next step is to move to a different part of the US. I don’t know what proof you have but as canuck78 said, US is a safe country.

Yes there have been those deported to their home countries. Asylum in Canada is not easy.

 

[Rahim khan]

Respected Experts here,

I made my asylum claim in December 2015 in the US and still my case is pending. Since then I have been in New York.

I have not even been called for any interviews and/or hearings until this date. I cannot tell if my claim will be granted or not. Not sure if I will get any notification from USCIS in near or far future.

My attorney and his team are 100% irresponsible, unprofessional, and they are giving me nothing as assistance as they were supposed to do, they didn't even attend my phone calls whenever I tried to reach them, they didn't even reply to my emails, there is no way I can talk to them or find any appoint with them.

They did not submit my complete declaration with all my story and evidence. They did not work with me regarding these things. I believe I was cheated and they're more of frauds than legal counsels.

Now I am not sure what is going on and how long I have to wait. Most importantly, what will be the end result after years of waiting here with my incomplete and unprofessionally handled case. I have been suffering from insecurity and lack of confidence living here. It's been more than 4 years I am here and still waiting.

As my case is still pending and that has not been rejected yet meaning that no decision has been made in my case, Now I am preferring to move to Canada soon. Though I know there are some proposed changes which are directly relevant to my ground that may justify me as ineligible for making claim in Canada, I would still consider leaving the US for my safety and to make sure my protection will be granted in Canada. Still, I have hope that I can do this move. I believe I have a good ground for my credible persecution. I have strong evidence. Multiple attacks, threats and, vulnerable traps I skipped from. I have lots of evidence.

Please shed some lights towards my thoughts and help me with my decision-making process. I have some more queries but this is the conversation opener for now. I would love to hear from you guys.

Regards,
Kazi

Respected Experts here,

I made my asylum claim in December 2015 in the US and still my case is pending. Since then I have been in New York.

I have not even been called for any interviews and/or hearings until this date. I cannot tell if my claim will be granted or not. Not sure if I will get any notification from USCIS in near or far future.

My attorney and his team are 100% irresponsible, unprofessional, and they are giving me nothing as assistance as they were supposed to do, they didn't even attend my phone calls whenever I tried to reach them, they didn't even reply to my emails, there is no way I can talk to them or find any appoint with them.

They did not submit my complete declaration with all my story and evidence. They did not work with me regarding these things. I believe I was cheated and they're more of frauds than legal counsels.

Now I am not sure what is going on and how long I have to wait. Most importantly, what will be the end result after years of waiting here with my incomplete and unprofessionally handled case. I have been suffering from insecurity and lack of confidence living here. It's been more than 4 years I am here and still waiting.

As my case is still pending and that has not been rejected yet meaning that no decision has been made in my case, Now I am preferring to move to Canada soon. Though I know there are some proposed changes which are directly relevant to my ground that may justify me as ineligible for making claim in Canada, I would still consider leaving the US for my safety and to make sure my protection will be granted in Canada. Still, I have hope that I can do this move. I believe I have a good ground for my credible persecution. I have strong evidence. Multiple attacks, threats and, vulnerable traps I skipped from. I have lots of evidence.

Please shed some lights towards my thoughts and help me with my decision-making process. I have some more queries but this is the conversation opener for now. I would love to hear from you guys.

Regards,
Kazi

Don’t worry if you have storing case , your refugee claim accept soon .

 

[Buletruck]

I think you may find the Budget Implementation Omnibus Bill (2019) has closed the doors to refugee claims by those who claimed asylum in other countries. Last I heard it was given royal assent without revision.

 

[zardoz]

I think you may find the Budget Implementation Omnibus Bill (2019) has closed the doors to refugee claims by those who claimed asylum in other countries. Last I heard it was given royal assent without revision.

Good catch.. Absolutely correct.

https://www.parl.ca/DocumentViewer/en/42-1/bill/C-97/royal-assent

Division 16 of Part 4 amends the Immigration and Refugee Protection Act to

(a) introduce a new ground of ineligibility for refugee protection if a claimant has previously made a claim for refugee protection in another country;
(b) provide that if the Federal Court refuses a person’s application for leave to commence an application for judicial review, or denies their application for judicial review, with respect to their claim for refugee protection or their application for protection, the date of that refusal or denial is the first day of the period that must pass before a request or application referred to in section 24, 25 or 112 of that Act may be made; and
(c) authorize the Governor in Council to make an order regarding the processing of applications for temporary resident visas, work permits and study permits made by citizens or nationals of a foreign state or territory if the Governor in Council is of the opinion that the government or competent authority of that state or territory is unreasonably refusing to issue or unreasonably delaying the issuance of travel documents to citizens or nationals of that state or territory who are in Canada.​