Asylum In Canada

N

nepasuna

Registered Users (C)
Hi,

I applied for Asylum in USA on April 2007, but got final denial letter stating that "There is no appeal for this case". Before Final deniel, I was interview on 29 June, got NOID replied to NOID with the stated timeframe.

I do not have Canadian VISA, I am from Nepal. But I am looking for ways to apply Asylum in Canada.

I came USA on 7 Feb 2007 and my I-94 expired on 8 Aug 2007. I am currently out of status in US.

Looking at my situation, Will I be able to get canadian visitor visa so that I can apply asylum in Canada? or is there any way I can apply for canadian Asylum while still in USA?

Please kindly help me.
 
hi nepasuna -

This is a very tricky subject, because now Canada and USA have a Third-Party Agreement which covers asylum seekers. Basically, if someone claims asylum in one country, they cannot usually claim asylum in the other. Go to this link to read more about the process:http://www.cic.gc.ca/english/about/laws-policy/safe-third.asp

On another note, I don't think the Canadian Embassy will give you a visa seeing your history with the USA. If you got a visa to the USA and claimed asylum, it makes sense that you are planning to do the same in Canada.

I think you can go to the Canada border and claim asylum right there. However, be prepared to be grilled, questioned, and put into detention before a hearing is scheduled for you. Now with the Third-Party Agreement (mentioned above) Canada may return you back to the USA just because you filed for asylum in the USA first.

Good luck.
 
Thank you very much LolaLi, I appreciate your suggestion. So the only option left for me is to Reapply Asylum in US with a good lawyer.
 
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