My asylum application is still pending in the US for 2 years.

[zechman]

My asylum application is still pending in the US for 2 years.

Even though my case is so strong the application has not been denied or approved (I was not invited for the interview yet).

I plan to go to Canada and make a refugee claim there (There are two reasons: I don't want to wait more and immigration policies of the current administration of the US scares me).

As you might know there is a question on the background check form regarding the previous refugee claims
(Made previous claims for refugee protection in Canada or at a Canadian visa office aboard, in any other country or countries or with the United Nation High Commissioner for Refugees? )

I was wondering whether this previous refugee claim in the US could spoil my application in Canada or not since I have been waiting for 2 years only (Some claimants apply in Canada after waiting more than 5-6 years in the US).


Thanks

 

[zardoz]

My asylum application is still pending in the US for 2 years.

Even though my case is so strong the application has not been denied or approved (I was not invited for the interview yet).

I plan to go to Canada and make a refugee claim there (There are two reasons: I don't want to wait more and immigration policies of the current administration of the US scares me).

As you might know there is a question on the background check form regarding the previous refugee claims
(Made previous claims for refugee protection in Canada or at a Canadian visa office aboard, in any other country or countries or with the United Nation High Commissioner for Refugees? )

I was wondering whether this previous refugee claim in the US could spoil my application in Canada or not since I have been waiting for 2 years only (Some claimants apply in Canada after waiting more than 5-6 years in the US).

Do you think how I should justify not waiting more than 2 years?

Thanks

If you have already claimed in the USA, you can probably forget about trying to claim in Canada. The two countries share immigration information and your application in the US will be detected, even if you "forgot" to declare it to Canada...

 

[scylla]

Do you think how I should justify not waiting more than 2 years?

FYI - processing times are quite long in Canada now too. It takes 1.5 to 2+ years these days to get a hearing here.

So not sure how you will justify not waiting more than 2 years in the US when you may be waiting that long in Canada. That argument won't make sense.

 

[Buletruck]

I was wondering whether this previous refugee claim in the US could spoil my application in Canada or not since I have been waiting for 2 years only (Some claimants apply in Canada after waiting more than 5-6 years in the US).

Very likely, yes it will spoil your chances to claim in Canada.

Your refugee claim may not be eligible to be referred to the IRB if you:

• have been recognized as a Convention refugee by another country that you can return to.
• have already been granted protected person status in Canada.
• arrived via the Canada-United States border.
• are not admissible to Canada on security grounds, or because of criminal activity or human rights violations.
• made a previous refugee claim that was not found eligible.
• made a previous refugee claim that was rejected by the IRB.
• abandoned or withdrew a previous refugee claim.

https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/eligibility.html?_ga=2.261225037.111964994.1534688358-1318569469.1533516880

 

[canuck78]

You will likely have to wait 2 years to get a hearing for asylum in Canada and no idea how your time in the US will be interpreted. Please research the Canadian system. Also long and difficult.

 

[Bryanna]

My asylum application is still pending in the US for 2 years.

Even though my case is so strong the application has not been denied or approved (I was not invited for the interview yet).

I plan to go to Canada and make a refugee claim there (There are two reasons: I don't want to wait more and immigration policies of the current administration of the US scares me).

As you might know there is a question on the background check form regarding the previous refugee claims
(Made previous claims for refugee protection in Canada or at a Canadian visa office aboard, in any other country or countries or with the United Nation High Commissioner for Refugees? )

I was wondering whether this previous refugee claim in the US could spoil my application in Canada or not since I have been waiting for 2 years only (Some claimants apply in Canada after waiting more than 5-6 years in the US).

Do you think how I should justify not waiting more than 2 years?

Thanks

Due to the Safe Third Country Agreement between the US and Canada, you won't be able to apply for asylum in Canada unless you have a family member who has legal status in Canada (i.e. an exemption to this agreement).

As you are probably aware, once you leave the US, you will be banned from re-entering the US. The ban will depend on how long you have remained without legal immigration status

 

[zechman]

Due to the Safe Third Country Agreement between the US and Canada, you won't be able to apply for asylum in Canada unless you have a family member who has legal status in Canada (i.e. an exemption to this agreement).

As you are probably aware, once you leave the US, you will be banned from re-entering the US. The ban will depend on how long you have remained without legal immigration status

There are three more exemptions on the agreement.
The agreement doesn't include the border crossers

 

[zechman]

Very likely, yes it will spoil your chances to claim in Canada.


https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/eligibility.html?_ga=2.261225037.111964994.1534688358-1318569469.1533516880

This is a referral to the bilateral agreement and the agreement includes the port of entries only..

 

[zechman]

This is a referral to the bilateral agreement and the agreement includes the port of entries only..

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement.html


Where the Agreement is in effect
The Safe Third Country Agreement applies only to refugee claimants who are seeking entry to Canada from the U.S.:

• at Canada-U.S. land border crossings
• by train or
• at airports, only if the person seeking refugee protection in Canada has been refused refugee status in the U.S. and is in transit through Canada after being deported from the U.S.

Exceptions to the Agreement
Exceptions to the Agreement consider the importance of family unity, the best interests of children and the public interest.

There are four types of exceptions:

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

Even if they qualify for one of these exceptions, refugee claimants must still meet all other eligibility criteria of Canada’s immigration legislation. For example, if a person seeking refugee protection has been found inadmissible in Canada on the grounds of security, for violating human or international rights, or for serious criminality, that person will not be eligible to make a refugee claim.

Document holder exceptions
Refugee claimants may qualify under this category of exceptions if they:

• hold a valid Canadian visa (other than a transit visa)
• hold a valid work permit
• hold a valid study permit
• hold a travel document (for permanent residents or refugees) or other valid admission document issued by Canada, or
• are not required (exempt) to get a temporary resident visa to enter Canada but require a U.S.–issued visa to enter the U.S.

Public interest exceptions

 

[Buletruck]

This is a referral to the bilateral agreement and the agreement includes the port of entries only..

Actually, it doesn't. The reference to the Safe Third Country Agreement is a separate reference. The information listed refers to who may or may not be eligible for a refugee claim, regardless of bilateral agreements. Despite not having had your claim accepted yet, you still have the protection of the United States, and as you have stated (despite a slow process) is moving along well. So yes, in answer to your original question, your claim there could have negative results for a claim in Canada by;

1. Having the protection of a safe country
2. By abandoning a previous claim

Honestly, refugees don't get to shop around for where it's most convenient to gain asylum. As many of the Haitian coming to Canada from the US are finding, it's not a simple as changing countries and more often than not, results in a refused application and a trip back to their home country. That's why they ask if you have had a claim in any of the other convention countries.

Find out if you’re eligible – Refugee status from inside Canada
Canada offers refugee protection to people in Canada who fear persecution and who are unwilling or unable to return to their home country.

Eligibility
Some people are not eligible to claim refugee protection in Canada.

Note – if you are under a removal order, you cannot make a refugee claim.

Officers who review your refugee claim will decide if it will be referred to the Immigration and Refugee Board of Canada (IRB). The IRB is an independent board that decides immigration and refugee matters.

The IRB decides who is a Convention refugee or a person in need of protection.

Convention refugees are outside their home country or the country they normally live in. They are not able to return because of a well-founded fear of persecution based on:

• race
• religion
• political opinion
• nationality, or
• membership in a social group, such as women or people of a particular sexual orientation.

A person in need of protection is a person in Canada who cannot return to their home country safely. This is because if they return, they would be subject to a:

• danger of torture
• risk to their life, or
• risk of cruel and unusual treatment or punishment.

Your refugee claim may not be eligible to be referred to the IRB if you:

• have been recognized as a Convention refugee by another country that you can return to.
• have already been granted protected person status in Canada.
• arrived via the Canada-United States border.
• are not admissible to Canada on security grounds, or because of criminal activity or human rights violations.
• made a previous refugee claim that was not found eligible.
• made a previous refugee claim that was rejected by the IRB.
• abandoned or withdrew a previous refugee claim.

The IRB website has more about making an asylum claim in Canada.

Safe Third Country Agreement
Canada has an agreement with the United States where people who want to make a refugee claim must do so in the first safe country they arrive in.

This means that if you enter Canada at a land border from the United States, you cannot make a refugee claim in Canada. In some cases this rule does not apply (for example, if you have family in Canada).

 

[zechman]

Actually, it doesn't. The reference to the Safe Third Country Agreement is a separate reference. The information listed refers to who may or may not be eligible for a refugee claim, regardless of bilateral agreements. Despite not having had your claim accepted yet, you still have the protection of the United States, and as you have stated (despite a slow process) is moving along well. So yes, in answer to your original question, your claim there could have negative results for a claim in Canada by;

1. Having the protection of a safe country
2. By abandoning a previous claim

Honestly, refugees don't get to shop around for where it's most convenient to gain asylum. As many of the Haitian coming to Canada from the US are finding, it's not a simple as changing countries and more often than not, results in a refused application and a trip back to their home country. That's why they ask if you have had a claim in any of the other convention countries.

Haitians cases are economic, that's why they are shopping. My case is totally political.

 

[scylla]

Haitians cases are economic, that's why they are shopping. My case is totally political.

You can claim asylum in Canada as you've mentioned. Just be prepared for the fact that wait times in Canada are quite long these days.

 

[Buletruck]

Irrelevant what the reason is and you can spin it however you like. The fact is you have a claim in a safe country and you plan to abandon it for whatever reason. Your original question was “I was wondering whether this previous refugee claim in the US could spoil my application in Canada or not since I have been waiting for 2 years only”. My response was (along with most respondents) was “Yes it could have a negative effect on a claim in Canada”. Will it? No one here knows. It’s your choice if you decide to abandon your claim in the US, but you will also wait an additional 2 years in Canada before a hearing to decide if your claim is valid, plus it will be overshadowed by the fact you abandoned a claim in the US. You are also looking at an appeals hearing after the next federal election, which, given the public’s current concern about refugees crossing from the US, may find you facing a completely new set of rule put in place by a potential change in policy by a party who doesn’t look at refugee loopholes favourably.
The choice is yours, but I would seriously look at every aspect of the situation before potentially throwing away a valid claim in one country and risking it trying to claim in another when you have circumstances that may disqualify you, all because you are impatient.

 

[jomz]

Irrelevant what the reason is and you can spin it however you like. The fact is you have a claim in a safe country and you plan to abandon it for whatever reason. Your original question was “I was wondering whether this previous refugee claim in the US could spoil my application in Canada or not since I have been waiting for 2 years only”. My response was (along with most respondents) was “Yes it could have a negative effect on a claim in Canada”. Will it? No one here knows. It’s your choice if you decide to abandon your claim in the US, but you will also wait an additional 2 years in Canada before a hearing to decide if your claim is valid, plus it will be overshadowed by the fact you abandoned a claim in the US. You are also looking at an appeals hearing after the next federal election, which, given the public’s current concern about refugees crossing from the US, may find you facing a completely new set of rule put in place by a potential change in policy by a party who doesn’t look at refugee loopholes favourably.
The choice is yours, but I would seriously look at every aspect of the situation before potentially throwing away a valid claim in one country and risking it trying to claim in another when you have circumstances that may disqualify you, all because you are impatient.

Good point. If I were a to be refugee now waiting for a hearing I’d be really wary as there is a huge possibility conservatives will win the next election. And immigration policy and climate will change without a doubt.

 

[zechman]

Irrelevant what the reason is and you can spin it however you like. The fact is you have a claim in a safe country and you plan to abandon it for whatever reason. Your original question was “I was wondering whether this previous refugee claim in the US could spoil my application in Canada or not since I have been waiting for 2 years only”. My response was (along with most respondents) was “Yes it could have a negative effect on a claim in Canada”. Will it? No one here knows. It’s your choice if you decide to abandon your claim in the US, but you will also wait an additional 2 years in Canada before a hearing to decide if your claim is valid, plus it will be overshadowed by the fact you abandoned a claim in the US. You are also looking at an appeals hearing after the next federal election, which, given the public’s current concern about refugees crossing from the US, may find you facing a completely new set of rule put in place by a potential change in policy by a party who doesn’t look at refugee loopholes favourably.
The choice is yours, but I would seriously look at every aspect of the situation before potentially throwing away a valid claim in one country and risking it trying to claim in another when you have circumstances that may disqualify you, all because you are impatient.

Being impatient is one of the reasons. The other one is immigration policies of the current administration of the US scares me as I mentioned before. US is not a safe country in practice now.