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Withdraw Asylum Claim (Please help!!!)

junola

Newbie
Nov 3, 2010
5
0
So I talked to my immigration lawyer who advised that in order for me to get my passport back I need to withdraw my asylum claim. I need my passport because I have an opportunity to immigrate to the US via a fiancée visa. She also advised me that withdrawing my asylum case will mean that I need to leave Canada within 30 days.

The CIC office gave me a form to request my seized documents but didn’t say anything about withdrawing my case. Is it true that you have to withdraw your claim in order to get your document back?

Based on the article below from the Immigreation and Refugee Board site withdrawing your claim does not immediately put you at risk of removal was the lawyer right about the 30 day period?


Please help I don’t trust what he told me.


14.2 WITHDRAWAL OF A CLAIM
14.2.1 Procedure for Withdrawal of a Claim
A claimant may withdraw the claim:
by making an oral statement at a hearing, or
by filing a written notice of withdrawal at the registry [ CRDD Rule 33(1)].
The registrar will forthwith send written notice confirming that the claim has been withdrawn to the Minister [Rule 33(2)].
14.2.2 Consequences of Withdrawal of a Claim
A visitor or Minister's permit holder who made a Convention refugee claim [Immigration Act, s. 44(1)] and who withdraws that claim at the Refugee Division is not put at any immediate risk of removal from Canada as a direct consequence of withdrawing the claim. As a practical matter, Citizenship and Immigration Canada may be reluctant to extend the visitor status or the Minister's permit of that person, depending on the circumstances of the case.
The consequences of withdrawing a claim are more significant for a claimant who is subject to a conditional removal order. A conditional removal order becomes "effective", and thus may be carried out, when the claimant withdraws the claim [Immigration Act, ss. 28(2)(a) and 32.1(6)(a)]. The claimant who withdraws a claim may therefore be required to leave Canada at that point.
A claimant who has withdrawn a claim is not eligible for consideration under the special program in the Regulations called the "post-determination refugee claimants in Canada class" (PDRCC) [see Immigration Regulations, 1978, s. 2(1), definition "member of the post-determination refugee claimants in Canada class", paragraph (a)(i)]
 

su2

Newbie
Jul 11, 2011
2
0
Hi.. Did u get the solution of your problem? I'm in da same situation. I'm a refugee claimant too. My husband sponsored me in USA. I got my interview letter in Montreal for August already & I don't know what to do. Bcz I know that I can only get my passport back showing the proof of leaving Canada i.e. a plane ticket. That's what I saw for my friends. They withdrew their refugee claim. Even after that they did not get their passport back. They had to purchase plane ticket & show it to the CIC in order to have their passport. I'm afraid if I withdraw my case & by any chance if I won't be issued the US visa (U know sometimes the US embassy hold the visa after the interview for additional review), I will be in the middle of nowhere. My deportation order will be effective and US embassy never guarantees when the administrative processing/additional review would be over (It takes from 2 months to years!!). So what I did till now, I sent an email to the Montreal Consulate asked them if I can attend the interview without my passport. If they approve my case, then I can withdraw my case & give the Montreal consulate my passport to issue me a visa. The US embassy has not replied me yet. I'll let you know once they reply. I'm not taking my lawyer's help. Bcz he is an a...... Sorry to say this. I'll let u know once I know something. I'm in rush to know cause my interview is set on 1st week of August.
 

junola

Newbie
Nov 3, 2010
5
0
I am glad that someone responded finally. I know this is a common scenario in Canada considering it takes more than 2 years to even interview for asylum. I am sure a lot of people move on by the time they get to the interview. Can you please let me know if the US Consulate allowed you to interview without the passport in hand. If they do let me know how the interview went too please. I am so frustrated with this all thing. I have already sent them an email this week I can't sent another one until I get a response from that one. I was told it will delay the response if I send them another email so!!!
You can even email if you don't want to share that info in the forum Junola2010@hotmail.com
 

su2

Newbie
Jul 11, 2011
2
0
Did you get any reply yet? I sent them the mail on June 30th. Almost 2 weeks. No reply so far!!!