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Female with son on tourist visa seeking asylum

Seekhelpca

Newbie
Nov 19, 2021
5
0
There has been recently violence (4 month) against my religious community in my country. Two people died and our idol got burned. Now I am vising my brother from USA who is on study permit. I have been staying in the USA as F2( my husband is studying). I want to seek asylum to Canada. As I don't feel safe going back to my country.

So my guess is I can't go back to US if I file for asylum?

Will my husband face any problem with his visa in the us?

Can I apply online from US?

How should I proceed. Please advise.

Thank you so much!
 
 

scylla

VIP Member
Jun 8, 2010
84,566
16,488
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
There has been recently violence (4 month) against my religious community in my country. Two people died and our idol got burned. Now I am vising my brother from USA who is on study permit. I have been staying in the USA as F2( my husband is studying). I want to seek asylum to Canada. As I don't feel safe going back to my country.

So my guess is I can't go back to US if I file for asylum?

Will my husband face any problem with his visa in the us?

Can I apply online from US?

How should I proceed. Please advise.

Thank you so much!
Do you have family in Canada?

At this time it is not really possible for you to claim asylum in Canada unless you have family in Canada. If you don't meet this requirement, claim asylum in the US.

No, you cannot apply online from the US. To claim asylum in Canada, you would have to enter Canada and then remain in Canada while your claim is processed. You should expect to be separated from your husband for a couple of years.

Yes, if you claim asylum in Canada, you should expect that you will not be able to re-enter the US for a couple of years (at least while your claim is processed). Note that for your asylum claim to be successful, you will need to show that there is a specific threat to you. A general threat to your religious community may not be a strong enough argument for an asylum claim.

I don't think this would impact your husband's F1 status.
 

Seekhelpca

Newbie
Nov 19, 2021
5
0
Thank you so much for your detailed and clear answer.

To elaborate a little why we fear. The main intention behind the violence was to grab land. And currently the minister is grabing the last land we have. We can't even file cases because of the fear that the powerful minister will harm us.

My brother is currently studying in Canada.
 

scylla

VIP Member
Jun 8, 2010
84,566
16,488
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
Thank you so much for your detailed and clear answer.

To elaborate a little why we fear. The main intention behind the violence was to grab land. And currently the minister is grabing the last land we have. We can't even file cases because of the fear that the powerful minister will harm us.

My brother is currently studying in Canada.
Since you have a brother in Canada, you fall under the exemption and can claim refugee status.

You will need to travel to Canada and claim refugee status when you enter Canada. You cannot apply from the US.

Once you have filed the refugee claim in Canada, you will need to remain in Canada while a decision is made whether to grant you refugee status in Canada or not. This is quite a long process so you should be prepared to be separated from your husband for quite some time if he does not come with you. You will not be able to travel to the US or visit him in the US during this time.

Make sure you have written permission from your husband to bring your child to Canada.
 

Seekhelpca

Newbie
Nov 19, 2021
5
0
Thank you so much again. In that case will my husband be able to visit us? Will his tourist visa get affected?
 
 

scylla

VIP Member
Jun 8, 2010
84,566
16,488
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
Thank you so much again. In that case will my husband be able to visit us? Will his tourist visa get affected?
That is hard to say. It may be.

You should be prepared for the possibility that he will not be able to visit and that you will need to be separated for an extended period of time.
 

canuck78

VIP Member
Jun 18, 2017
45,732
10,876
Thank you so much again. In that case will my husband be able to visit us? Will his tourist visa get affected?
Would really suggest you speak to an immigration lawyer about your chances of asylum in Canada. You don’t seem to have been targeted directly which could be a huge issue. You also usually need to show that there is nowhere you can move to within your home country and be safe. If you apply for asylum your husband shouldn’t travel out of the US or he risks being denied reentry. If denied asylum there are significant longterm repercussions and your family is likely to be separated for years so please do your due diligence before claiming asylum. What country are you from? Whether there is a high rate of approval from the country may give you some sense about how hard this may be. Did your brother get asylum or did he immigrate via other means?
 

Norijal

Hero Member
Oct 20, 2021
213
58
I noticed guy replied you very well..
Please Dm me then I will share some details of immigration lawyer and her personal email as well..so you can get her opinion ..
 
 

canuck78

VIP Member
Jun 18, 2017
45,732
10,876
Perhaps others who have a good lawyer who is both competent and is upfront. Unfortunately some lawyers only want your busy and tell people they guarantee success. You want someone to go through you case and be upfront about the strengths and weaknesses of your case, based on his/her experience what are the chances of approval based on your country of origin and reason for asylum, what are potential drawbacks if you get denied based on your longterm plans,etc.