Salvadoran Seeking Asylum in Canada...

[mamita3]

Hello,

I know a Salvadoran who is seeking asylum in Canada because he does not believe he is eligible for asylum in the U.S. Here's the situation:

1. Salvadoran came to the U.S. undocumented a few years ago and was pulled over for a traffic violation. He was charged for driving without a license and was deported in May of this year.
2. When he went back to El Salvador, he and his son were being harassed and threatened by the gangs in their area. Salvadoran's son was in a relationship with a girl who one of the local gang members wanted to be with and because she chose Salvadoran's son, his life as well as his father's life has been threatened.
3. When Salvadoran was in El Salvador back in May after being deported he was assaulted by the gang and suffered injuries. He fled El Salvador and re-entered the U.S. as an EWI for the second time. For this reason, he doesn't believe he is eligible for asylum in the U.S. because of the deportation.

He wants to apply for asylum in Canada but doesn't know how and what steps are needed to do so. Would he be eligible for asylum in Canada? If so, can he use an attorney from the U.S. to apply? Can he apply on his own for himself and his son? He was told of an office in Detroit that handles asylum cases in Canada, does anyone know about this resource?

Any insight is greatly appreciated! Thanks so much!

[Tropical]

Safe Third Country Agreement

Under an agreement with the United States, refugee claimants must seek asylum (protection) in the first safe country where they arrive. For example, if you entered Canada at a land border from the United States, you will not be able to claim refugee protection in Canada. Sometimes there are exceptions (such as those who already have family in Canada).

He may be eligible to apply for asylum in the US and would maybe stand the same chances as in Canada

Asylum Bars

You can be barred from both applying for and receiving asylum for certain actions.

Bars to Applying for Asylum

You may not be eligible to apply for asylum if you:

Did not follow the one-year filing deadline and did not file your Form I-589, Application for Asylum and for Withholding of Removal, within one year of your last arrival in the U.S. or April 1, 1997, whichever is later.
Had a previous asylum application denied by an Immigration Judge or the Board of Immigration Appeals.
Can be removed to a safe third country under a two-party or multi-party agreement between the United States and other countries.
There are exceptions to these bars for “changed circumstances” or “extraordinary circumstances.” Both are defined in 8 CFR 208.4. For more information on the bars and the exceptions, see our “Title 8, Code of Federal Regulations” page.

Bars from a Grant of Asylum

You could be barred from a grant of asylum if we find that you:

Ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion
Were convicted of a “particularly serious crime” such that you are a danger to the United States
Committed a “serious nonpolitical crime” outside the United States
Pose a danger to the security of the United States
Have been firmly resettled in another country before arriving in the United States
You will also be barred from receiving asylum if you are inadmissible because you:

Have engaged in terrorist activity·
Are engaged in or are likely to engage after entry in any terrorist activity·
Have incited terrorist activity
Are a representative of a foreign terrorist organization
Are a member of a terrorist organization
Have persuaded others to support terrorist activity or a terrorist organization
Have received military-type training from or on behalf of any organization that, at the time the training was received, was a terrorist organization
Are the spouse or child of an individual who is inadmissible for any of the above within the last 5 years

The key for asylum is to fall into one of these:

Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to:
Race
Religion
Nationality
Membership in a particular social group
Political opinion

[mamita3]

Thanks so much, Tropi!

[GenCar1972]

Sorry to hear about your friend mamita3. I hope things work out for him somehow. How are you and family?

[Coventrated]

Does he realise that the next time he is caught he faces jail time as well as deportation?

[mamita3]

Sorry to hear about your friend mamita3. I hope things work out for him somehow. How are you and family?

Hey Genny,

So good to hear from you! How are YOU? I'm so excited to read on the other thread that your case is coming along. Still keeping you and your husband in my thoughts and prayers. My family and I are doing alright. My husband is in school for engineering and is working pretty steadily. We went through a rough patch for awhile with him not finding employment in this area. Though we have our ups and our downs, we're committed to persevere. Stay strong, Genny! I really admire your determination and
unwavering dedication to your husband and this grueling process. Keep in touch!

---------- Post added at 11:36 PM ---------- Previous post was at 11:36 PM ----------

Does he realise that the next time he is caught he faces jail time as well as deportation?

Yes, he does realize this.

[dyh718]

Does he have family in Canada? My husband's family in Montreal has talked to an attorney there and they said that my husband could qualify for assylum through his aunt even though he was in the US first. We had considered going this route and have him wait out the waiver in Canada, but he would not be able to go to ES for his appointment then.

[mamita3]

Does he have family in Canada? My husband's family in Montreal has talked to an attorney there and they said that my husband could qualify for assylum through his aunt even though he was in the US first. We had considered going this route and have him wait out the waiver in Canada, but he would not be able to go to ES for his appointment then.

Hi dyh,

He does not have family in Canada and only has a friend who lives there. The information Tropi gave really helped out tremendously! I also found a resource in Detroit, MI called the Freedom House http://freedomhousedetroit.org called to ask them a few questions as well. Everything they shared with me was exactly the info. Tropi posted. Hope it works out for you and your husband!

[Tropical]

Does he have family in Canada? My husband's family in Montreal has talked to an attorney there and they said that my husband could qualify for assylum through his aunt even though he was in the US first. We had considered going this route and have him wait out the waiver in Canada, but he would not be able to go to ES for his appointment then.

We thought about doing this but with non-immigrant intent...I would be a student, he would be my accompanying spouse. When I was done with school we would not have status and we would be forced to leave.

If you seek asylum you are asking for permanent residence? In your waiver you are arguing you need your spouse in the US and you cannot move with him to his country. The argument becomes harder if he establishes himself in a 3rd country. You might be able to pull it off if its a 3rd world country and life is tough (many hardships), but you sort of lose that argument in Canada if you seek immigrant intent. Just my perspective.

[dyh718]

Our lawyer said that it should not have any impact on our case since you can wait anywhere outside of the US. However, we are no longer considering this route right now. He would not be able to leave Canada to go to ES for his appointment. If he goes to Canada, he will have 10 years outside the US before he could come back here to visit. His family in Canada is just trying to figure out a way for him to not have to go to ES.