I have been in the US illegally for awhile and have no visitor visa for Canada. (a) Can I cross over to Canada by foot or car and make a refugee claim?
(a) Not unless you fit under various exceptions to the Safe Third Country Agreement (came into effect Dec. 29, 2004). So far the USA is the only country designated as Safe Third. These exceptions are a bit complex. Basically if you are 18+ and unmarried you must have a relative in Canada, they must be a certain type of relative, and depending on their relation to you, they must have a certain status here. If you are under 18 and not married you usually do not need a relative in Canada, but if your parents are in the US then you cannot claim. A few countries are exempt from the Safe Third Agreement, notably Zimbabwe. (Zimbabwe citizens in the US can claim at the Canadian border.) Regardless of the Safe Third Country provisions, anyone in Canada (regardless of how they got into Canada) trying to make a refugee claim needs to be determined eligible by an Immigration Officer. If you already are a Convention Refugee elsewhere you are not eligible. If you failed a claim in Canada previously
Related Questions
- I have been in the US illegally for awhile and have no visitor visa for Canada. (a) Can I cross over to Canada by foot or car and make a refugee claim?
- My exchange visitor has already received her DS-2019 and J visa stamp, but her program has now been postponed by a few weeks. What do I do?
- Can I apply for USA visa and get it, if I have single visitor Canadian visa and I am in Canada now?
