Seeking Asylum in Canada While Your U.S. Case is Pending

As an asylum seeker in the U.S. with a pending case, navigating the complex process of seeking asylum in Canada may seem challenging. However, it is possible, but it requires a thorough understanding of the legal frameworks and potential exceptions to the Safe Third Country Agreement (STCA).

Understanding the STCA

Canada does not typically grant asylum to U.S. citizens because you can't prove that your life is in danger. Also, if you are a citizen of another country, you must apply for refugee status in the U.S. first, as you arrived in the U.S. first. As a general principle, asylum is only valid in the first safe border and not the country of your choice.

Safe Third Country Agreement (STCA)

The U.S. and Canada have a Safe Third Country Agreement (STCA) that dictates that if you arrive at a Canadian land border or at certain designated entry points and have already made a claim for asylum in the U.S., you are typically ineligible to make a claim for asylum in Canada. However, there are exceptions to this rule.

Exceptions to the STCA

Families in Canada: You may be eligible to cross into Canada if you have family members already residing there and you fear that your life or safety could be at risk if you return to the U.S. Unaccompanied Minors: If you are a minor and have no parent or legal guardian accompanying you, you may be eligible to apply for asylum in Canada. Specific Threats in the U.S.: You may also be eligible if you fear persecution or if your case will not be fairly adjudicated in the U.S.

Traveling to Canada

If you decide to attempt to enter Canada and apply for asylum, you must be prepared to provide a clear and coherent explanation for leaving the U.S. and why you believe you qualify for asylum in Canada despite the STCA. This can be a difficult and potentially dangerous process, so it is crucial to think through all aspects of your decision carefully.

Seeking Legal Advice

Given the complexities of immigration law and the potential consequences of attempting to cross the border, it is highly advisable to consult with an experienced immigration attorney who is knowledgeable about both U.S. and Canadian asylum processes. They can provide guidance tailor-made to your specific situation, including the legal strategies and steps necessary to navigate the system effectively.

Applying from Canada

If you are able to enter Canada and are eligible to make a claim, you will need to file your application with the Immigration and Refugee Board of Canada (IRB) within the required timeframe. The IRB is responsible for determining refugee status claims in Canada and will conduct a fair and thorough review of your case.

Conclusion

In summary, while it is possible to seek asylum in Canada while your case is pending in the U.S., it requires careful navigation of legal frameworks and potential exceptions to the STCA. Consulting with a legal expert is crucial in this situation, and taking the time to understand your options can significantly improve your chances of a successful application.