Spousal Sponsorship to Canada for person currenlty on Asylum and Work Permit in USA

at21

New Member
#1
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.

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

Thanks,
 
#3
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.

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

Thanks,
If he plans to live in Canada for a long time, it is likely the US will cancel his asylee status.
 

tinaina

Active Member
#4
He should officially mail the asylum office and withdraw his application. If he doesn't do that and just leave USA and he referred to court and h doesn't show up he will be in removal process and then get a 3 to 10 years bar. Now imagine 5 years from now he is Canadian citizen he comes back to USA for a visit they will not let him to pass the border because of removal in his history and h have to prove he left USA way before removal proc as which aquire lawyer and filing for court.
The easiest way is to just withdraw his application and leave the USA. His work permit will be end when he withdraw his application as well.
He should go get his Indian passport. I94 is not an identity for getting pass borders.
He should talk to a lawyer before doing anything.
 
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