My Story

[airbush]

Hi, so this is my story. I was born in Guatemala, 33 years ago. Came to the USA after a violent attack with a tourist visa, very unprepared. I was given 30 days at the airport to go back, did not have any money to do so and overstayed my visa. After a visit at the Immigration office I was given a deportation order and a chance to speak to a Judge.

I applied for asylum but my petition was never processed, indirectly denying me a work permit and my asylum status. My plan is to cross the Canadian border next week walking to ask for asylum or a work permit. Can you tell me what are my options?

Thanks

 

[Rob_TO]

Hi, so this is my story. I was born in Guatemala, 33 years ago. Came to the USA after a violent attack with a tourist visa, very unprepared. I was given 30 days at the airport to go back, did not have any money to do so and overstayed my visa. After a visit at the Immigration office I was given a deportation order and a chance to speak to a Judge.

I applied for asylum but my petition was never processed, indirectly denying me a work permit and my asylum status. My plan is to cross the Canadian border next week walking to ask for asylum or a work permit. Can you tell me what are my options?

Thanks

Unless you have family in Canada, you will not be able to claim refugee status here and you will be turned back to the USA. I think instead you should investigate why your claim in the USA was never processed and perhaps try again there.

http://www.cic.gc.ca/english/refugees/inside/apply-who.asp
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.

http://www.cbsa-asfc.gc.ca/agency-agence/stca-etps-eng.html#a3
Refugee claimant is not eligible
A refugee claimant will not be eligible to have his/her claim referred to the IRB if:
- a refugee protection has been given to the claimant under the Immigration and Refugee Protection Act;
- a prior claim for refugee protection has been rejected by the IRB;
- a prior claim for refugee protection has been determined not to be eligible to be referred to the IRB;
- prior claim for refugee protection has been withdrawn or abandoned by the claimant;
- the claimant has been recognized as a Convention Refugee by a country other than Canada and can be sent or returned to that country;
- the claimant had arrived in Canada directly from a designated safe third country;

If the border services officer has determined that a refugee claimant is not eligible to make a refugee claim in Canada, his/her claim will not be referred to the IRB and he/she will be issued a removal order and immediately returned back to the United States.

 

[Leon]

Rob_TO is right and the safe 3rd country agreement will prevent you from seeking asylum in Canada if you cross by land from the US. There are some exceptions, you can see here: http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp but you are not really giving info on if you fall under any of them. Do you have family in Canada for example?

Without falling under an exception, the only way you can seek asylum coming from the US is if you fly into Canada. However, I don't suppose you will be able to board a plane and fly to Canada if you don't have a visa and I much doubt they will give you a visit visa with your history in the US.

 

[scylla]

You won't qualify for a work permit at the border.

To qualify to apply for a work permit you would first need to secure a full time job offer in Canada and your employer in Canada would have to obtain an approved LMIA (permission to hire a foreign worker). You would then have to apply for a work permit and be approved AHEAD of coming to Canada. With the failed asylum bid and deportation order there's unfortunately a good chance that work permit would be refused.

What others have asked about having close family in Canada is the big question. If you do, then your asylum bid has a chance of succeeding. If you don't, no point coming to Canada. It's not going to work out.

 

[airbush]

What others have asked about having close family in Canada is the big question. If you do, then your asylum bid has a chance of succeeding. If you don't, no point coming to Canada. It's not going to work out.

Unfortunately I do not know of any family members in Canada, are there any other options that I could ask at the border that might help me achieve my goal?

 

[scylla]

Unfortunately I do not know of any family members in Canada, are there any other options that I could ask at the border that might help me achieve my goal?

No - unfortunately there are not. You require a visa to enter Canada. You cannot obtain a visa at the border.