Eligibility check to claim Asylum in Canada

[Imtiaz_Auvy]

Hi, I came to US in 2012 with a student visa.. In 2011, I got married and she has dual citizenship for both Sweden and Bangladesh. So, I got a temp resident permit as a spouse in Sweden and lived with her for only five months in there. I came back to Bangladesh because we both realized our differences and we were having so many problems. Right after coming back I applied for US and got the Student Visa.. Because, I was moving on to another country, her family who's got strong corrupted political ties in Bangladesh made an attempt for my life out of hatred.. I was seriously injured and in hospital for a month but couldnt prove anything against them due to their political stronghold.. Cops didnt even took my case because they were bribed.. After I came to US, I didnt seek for Asylum within a year due to my lack of knowledege about the laws and I was psychologically a bit disturbed. But when I started searching, it was too late. All the lawyers I have consulted with, told me the chances are not great for my Asylum in US because I didn't do it on time. And moreover I lost my status as a student now because I stopped going to college a while back. So, I am staying here illegally.. Under new Administration and Govt. Policies it's really hard to survive here without facing depirtation.. I couldnt go back to Bangladesh either because of that attempt on me and I still fear it would happen again.. I want to know, if I am eligible to seek Asylum in Canada since, it't too late for me to apply over here in US with my current situation.
P.S I got the news of our Divorce from Swedish tax agency after 2 years of separation and they terminated my resident permit because of no more ties to a Swedish citizen.

 

[Here2help]

Do you have any family member (Blood relatives) who live in Canada?

 

[Imtiaz_Auvy]

Do you have any family member (Blood relatives) who live in Canada?

No sir, I do not have any relatives living in Canada.

 

[scylla]

No sir, I do not have any relatives living in Canada.

Unless you have family members in Canada, you have to claim asylum in the first safe country you reach (due to the Safe Third Country Agreement). So in your case this means you have to claim asylum in the US and a claim in Canada won't be accepted.

 

[Imtiaz_Auvy]

Unless you have family members in Canada, you have to claim asylum in the first safe country you reach (due to the Safe Third Country Agreement). So in your case this means you have to claim asylum in the US and a claim in Canada won't be accepted.

But, I am not eligible to claim asylum here either because the law states, I have to make claim for asylum within a year after moving in US. And it's almost five years now that I am living here and never made a claim. With current controversies about illegal immigrants in US making things more harder to stay here without facing deportation.Isn't there any exemption for this kind of crisis??

 

[Buletruck]

I doubt you aren’t eligible to claim asylum in the US. Granted, you are suppose to apply within the first year, you can be granted asylum after that period. It may be difficult or even rejected, but there isn’t anything actually stopping you.

There is 4 exemption to the act

There are four types of exceptions:

• Family member exceptions
• Unaccompanied minors exception
• Document holder exceptions
• Public interest exceptions

http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp

 

[Imtiaz_Auvy]

I doubt you aren’t eligible to claim asylum in the US. Granted, you are suppose to apply within the first year, you can be granted asylum after that period. It may be difficult or even rejected, but there isn’t anything actually stopping you.
Thanks for the reply.
There is 4 exemption to the act



http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp

 

[Rob_TO]

But, I am not eligible to claim asylum here either because the law states, I have to make claim for asylum within a year after moving in US. And it's almost five years now that I am living here and never made a claim. With current controversies about illegal immigrants in US making things more harder to stay here without facing deportation.Isn't there any exemption for this kind of crisis??

Due to safe 3rd country agreement, you can't show up to Canada land border to make asylum claim since you have no family in Canada. So you will just be denied entry and turned back to USA.

To claim asylum in Canada you must first get a TRV approved, come to Canada as a visitor, and claim asylum once legally inside Canada.

Note even if you can get TRV approved and you come to Canada, your asylum claim will have a very slim chance to succeed, since you've lived so long in the US and never claimed asylum there to begin with.