Hi, my name is Amer. I'm from Yemen which is currently under war and has been for the last 5-6 years. I got a scholarship to come to United States in 2014/15 for an exchange year. Since I came under the j-1 Visa it's required for me to spend 2 years in my home country before I can immigrate in the United States. I tried to apply for Asylum here in July 2015 when my Visa expired, but all I got was a temporary protection status and work permit which I have to renew every 18 months and takes 3-6 months to renew it. I don't want to keep having to renew my work permit until they eventually don't alloy it and I don't wanna go back to Yemen due to fear of being prosecuted because of my change in religion and beliefs since I've been in the US. I'm not sure what to do. I've talked to some friends I have in Canada and they told me it would be better if I tried to apply for Asylum or refuge status there and they would help me out where they can. But I'm not too sure if I'm eligible, how to do it, or where to go!! I'd much appreciate it if you could help me out advice me with anything!! Thank you!!
Refugee and Asylum
- Thread starter ameralhomdy
- Start date
Hi there Amir; Canada and US have an agreement called the Safe Third Country Agreement. This agreement is described below:
The Canada–United States Safe Third Country Agreement, officially the Agreement between the Government of Canada and the Government of the United States of America for cooperation in the examination of refugee status claims from nationals of third countries,[1] is a treaty between the governments of Canada and the United States to better manage the flow of refugee claimants at the shared land border.
"Under the agreement persons seeking refugee status must make their claim in the first country they arrive in, either the United States or Canada, unless they qualify for an exception. For example, refugee claimants who are citizens of a country other than the United States that arrive from the United States at the Canada–United States land border can only pursue their refugee claims in Canada if they meet an exception under the Safe Third Country Agreement." WIKIPEDIA
Canadian Government description: https://www.canada.ca/en/immigratio.../agreements/safe-third-country-agreement.html
Exceptions are usually very rare. You can try but expect to be refused. The US and Canada maintain a shared computer database of each others systems. So Canada knows all about your J-1 etc.
The Canada–United States Safe Third Country Agreement, officially the Agreement between the Government of Canada and the Government of the United States of America for cooperation in the examination of refugee status claims from nationals of third countries,[1] is a treaty between the governments of Canada and the United States to better manage the flow of refugee claimants at the shared land border.
"Under the agreement persons seeking refugee status must make their claim in the first country they arrive in, either the United States or Canada, unless they qualify for an exception. For example, refugee claimants who are citizens of a country other than the United States that arrive from the United States at the Canada–United States land border can only pursue their refugee claims in Canada if they meet an exception under the Safe Third Country Agreement." WIKIPEDIA
Canadian Government description: https://www.canada.ca/en/immigratio.../agreements/safe-third-country-agreement.html
Exceptions are usually very rare. You can try but expect to be refused. The US and Canada maintain a shared computer database of each others systems. So Canada knows all about your J-1 etc.
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You have been in the US for 5 years and have legal status to remain in the US. You aren’t currently being persecuted and haven’t been in Yemen for very long time so it will be very hard to prove that your life is currently at risk. Your best option is to look at applying for economic immigration. If you don’t qualify now you should work to qualify. If you leave the US and get refused by Canada then you get stuck in limbo.
Actually, not limbo, you get deported back to the country of citizenship, in this case Yemen.
As you have already submitted an asylum claim in the USA, you are pretty much guaranteed to be refused by Canada.
Actually Canada wouldn't deport people to Yemen at the moment but without asylum you are stuck in limbo in Canada.
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