Spousal Sponsorship to Cnanada for person on Asulym and Work Permit in USA

[a21]

I am a Canadian citizen, planning to marry my boyfriend who is on asylum in USA currently. His has a work permit which he has to renew every year or so.

When I sponsor him to Canada, what happens to the following:

1. Should he withdraw his US asylum case or it is done automatically and at what point of time? Does he have to withdraw his case in USA before I submit my application as sponsor or he can do it after spousal sponsorship process is complete.

2. In case he is required to withdraw his current status application in US, before the sponsorship process is complete in Canada, what will happen to his Work Permit and his "working privileges"?

3. Is he barred to visit USA thereafter, is there a ban for certain number of years or lifetime, once he moves to Canada based on PR status? Will we be able to move to USA in future via job or business investment., in case we want to.

4. He does not have his Indian Passport at the moment and not sure if he is able to get that now. He has I-94 arrival-departure record card. When he gets Permanent Resident status in Canada, can he enter Canada based on I-94. or Can Canada issue him any type of Travel document based on which he can enter Canada.

5. In any circumstances, can his file be sent to his home country India for processing like for eg any interview or so. Since he doesn't have Indian Passport now and is on Asylum in USA, its not possible for him to go back to India.


Please help me get some clarity on these queries, I will greatly appreciate it!

Thanks,

 

[canuck_in_uk]

I am a Canadian citizen, planning to marry my boyfriend who is on asylum in USA currently. His has a work permit which he has to renew every year or so.

When I sponsor him to Canada, what happens to the following:

1. Should he withdraw his US asylum case or it is done automatically and at what point of time? Does he have to withdraw his case in USA before I submit my application as sponsor or he can do it after spousal sponsorship process is complete.

2. In case he is required to withdraw his current status application in US, before the sponsorship process is complete in Canada, what will happen to his Work Permit and his "working privileges"?

3. Is he barred to visit USA thereafter, is there a ban for certain number of years or lifetime, once he moves to Canada based on PR status? Will we be able to move to USA in future via job or business investment., in case we want to.

4. He does not have his Indian Passport at the moment and not sure if he is able to get that now. He has I-94 arrival-departure record card. When he gets Permanent Resident status in Canada, can he enter Canada based on I-94. or Can Canada issue him any type of Travel document based on which he can enter Canada.

5. In any circumstances, can his file be sent to his home country India for processing like for eg any interview or so. Since he doesn't have Indian Passport now and is on Asylum in USA, its not possible for him to go back to India.


Please help me get some clarity on these queries, I will greatly appreciate it!

Thanks,

Can't comment on the US side of things.

4. He requires a valid passport to immigrate to Canada. He will not be issued a travel document by Canada.

5. Yes, his file will likely be sent to India. Given his US refugee claim, he can expect an interview, so if the app is sent to India, he will have to return there.

 

[a21]

Thanks for the quick response. Really appreciate it.

 

[scylla]

I am a Canadian citizen, planning to marry my boyfriend who is on asylum in USA currently. His has a work permit which he has to renew every year or so.

When I sponsor him to Canada, what happens to the following:

1. Should he withdraw his US asylum case or it is done automatically and at what point of time? Does he have to withdraw his case in USA before I submit my application as sponsor or he can do it after spousal sponsorship process is complete.

2. In case he is required to withdraw his current status application in US, before the sponsorship process is complete in Canada, what will happen to his Work Permit and his "working privileges"?

3. Is he barred to visit USA thereafter, is there a ban for certain number of years or lifetime, once he moves to Canada based on PR status? Will we be able to move to USA in future via job or business investment., in case we want to.

4. He does not have his Indian Passport at the moment and not sure if he is able to get that now. He has I-94 arrival-departure record card. When he gets Permanent Resident status in Canada, can he enter Canada based on I-94. or Can Canada issue him any type of Travel document based on which he can enter Canada.

5. In any circumstances, can his file be sent to his home country India for processing like for eg any interview or so. Since he doesn't have Indian Passport now and is on Asylum in USA, its not possible for him to go back to India.

Please help me get some clarity on these queries, I will greatly appreciate it!

Thanks,

1. He should not withdraw until his Canadian PR application is approved and he is ready to move to Canada.
2. See above.
3. Assume he will be banned for 10 years and won't be able to enter the US for a full decade. Whether he will be able to enter once the 10 year ban has ended is difficult to predict. It may not be possible with an abandoned refugee claim. Would probably be best to ask this question on a US immigration forum.

 

[Kulkir]

Thanks for the quick response. Really appreciate it.

Hi i have the same case,
Application start processing on april 2019.
Still waiting..

Did u hear anything from them.
Thanks