Wants to Move to Canada with Asylum Case Pending

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questiongentle

Registered Users (C)
Hi everyone.

I was a F-1 student who applied for asylum in 2007. it was more than a year after my arrival here due to changing unforeseen and dangerous circumstances in my country of origin. The same circumstances made me uncapable of affording my tuition, so I lost my F-1 status before my scheduled interview which was scheduled 1 year after I filed for asylum. So during the interview i was asked a couple of questions including my F-1 status (which I assumed they knew about) but apparently the officer was surprised that I lost my F-1 status and had to updated that information. The interview was over and i received a Notice to appear before an immigration judge for master hearing for removal proceedings because I spent more than 180 days in the US without a status (when I was scheduled for an interview almost one year later). They made sure to write in bold that the notice was not a denial of my case (for I have reasonable evidences to apply) but that I have to explain to the judge why I did not apply within one year of my arrival ( thereby losing my F-1 status= staying in the territory more than 180 days without a status).The judge has postopned my master hearing three times. The first time when I went without a lawyer, the second time when my lawyer sent them a letter stating that she would be representing me, and the third time when my lawyer went before the judge and request more time. the judge specifically told my lawyer that this would be the last time. However, my lawyer and I haven't worked in the case since the last scheduled hearing. I contacted her to ask her if she needed me for anything and she replied to me that she would contact me if she needed me. for those of you who had worked with lawyers I want to know if is the way it works, especially since the last time (3 months ago) the lawyer told me the same thing and went before the judge to request more time. I am still waiting on her to contact me because we are scheduled to appear in two months...I have been really depressed because of all this ordeal. Now I am facing a dilemna in which I am seeking for your help. I have siblings that applied for asylum in canada (the same time as I did here) and it went successfully. So now they are protected by the canadian governmenet. They have been asking me to go join them there for I will less stress and more supported there because of my family. However, I am not sure if with a pending hearing the canadian will let me go through their border. I know that I will qualify to go to Canada in spite of the safe-third-country law ( because of my family and their status there), however with my case here what would be the consequences. Since I have not had a master hearing or the judge has not listen to my case, what are my chances. Is it better for me to wait for my date and see what the judge says or go ahead to join my family in Canada who already has protection. Please I am desperately seeking for your inputs.

Thank you beforehand

Sincerely
 
you would not automatically gain status in Canada unless you are a minor and one of parents have gained asylum (in which case they should already have put you in their application). Having relatives also does not guarantee a favored hearing in Canada because your asylum claim has to stand up on its own merit.

I would suggest to push your attorney and be prepared for the hearing in front of the judge. If you are are very unhappy, you can change your attorney (although changing attorney at this stage comes with its own risks too). You should atleast have a hearing in front of US judge and see what outcome it brings.

good luck.... I can feel your pain,
 
Thank you lazer for replying. My relatives in canada are my brothers and sisters and we went through the canadian system as unit. They were all at the same heraing before the immigration judge and yes when they applied for asylum in Canada they put my name as well. in Canada, they do not have the 1 year rule where you have to aplly within ne year and I have read the third-country-rule agreement and in my case I do qualify to apply there since I have family that already been granted the status I am applying for. yes my case should stand out itself but we all applied under the same grounds because the unforeseen situation applied to all of us. My concern is about the case here and what the canadian immigration will think if abandon my case here to go apply there...
Again thank you for the input, i am taking it into consideration.
 
questiongentle said:
Thank you lazer for replying. My relatives in canada are my brothers and sisters and we went through the canadian system as unit. They were all at the same heraing before the immigration judge and yes when they applied for asylum in Canada they put my name as well. in Canada, they do not have the 1 year rule where you have to aplly within ne year and I have read the third-country-rule agreement and in my case I do qualify to apply there since I have family that already been granted the status I am applying for. yes my case should stand out itself but we all applied under the same grounds because the unforeseen situation applied to all of us. My concern is about the case here and what the canadian immigration will think if abandon my case here to go apply there...
Again thank you for the input, i am taking it into consideration.
Click to expand...
OK...I'M PERMANENT resident now..but i know a friend of mine who live in canada like a premanent resident...it happened the same that you are dealing now....
go to this link..he's got help in the frontier between buffalo NY and canada...the link sound spanish..but is JUST THE NAME everybody speak english and they are used to deal with people with your same situation
go to
http://www.vivelacasa.org/
ok..read everything...send an email regarding their services and tell me what they will answer
hugs and be strong...when a door close other one will open
best wishes
 
osogio said:
OK...I'M PERMANENT resident now..but i know a friend of mine who live in canada like a premanent resident...it happened the same that you are dealing now....
go to this link..he's got help in the frontier between buffalo NY and canada...the link sound spanish..but is JUST THE NAME everybody speak english and they are used to deal with people with your same situation
go to
(cf osogio post because I am not allowed to post url due to my novelty)
ok..read everything...send an email regarding their services and tell me what they will answer
hugs and be strong...when a door close other one will open
best wishes
Click to expand...

Thank you Osogio

I found this particular passage in one of the readings you provide to me

It can be very dangerous for a refugee applicant who is out of status in the U.S. to make their way via public transportation, including taxis, to the border. If apprehended by U.S. Border Patrol, it is likely that you will be detained and put into removal proceedings. Please note that you can still travel in safety if your case is currently pending in the U.S. or you are within the deadline given for voluntary departure.

If you have a valid driver’s license, you can either drive a rental car that has a one-way drop off contract, or take your own vehicle if the title is in your own name and no money is owed on it to the bank.


I think this applies to me and I am definitively an exception to the third-safe- country rule because of my borthes and sisters there with the protected status


Thank you for your help. It is truly appreciated.
 
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