Seeking asylum in Canada from the U.S. is a critical option for those fleeing persecution and hardship. Under the STCA (Safe Third Country Agreement), individuals must be aware of the nuances that govern their claims. This agreement stipulates that individuals must make their asylum claims in the first safe country they arrive in, which can complicate matters for those arriving at Canada’s border from the U.S.
Can I seek asylum at the Canada-United States border?
Generally, immigrants from the United States cannot apply for asylum at the Canada-U.S. border. Canada has an agreement with the U.S. called the Safe Third Country Agreement (STCA), requiring people to make a refugee or asylum claim in the first safe country they arrive in.
- The STCA applies to asylum seekers at both official and unofficial border crossings. If you travel through the United States and cross into Canada at a land border port of entry or by train, you cannot make a refugee or asylum claim upon entering Canada.
- The STCA extends across the entire land border, including unofficial crossings like Roxham Road between Quebec and New York. You will be turned away and instructed to make your claim in the United States.
- The STCA also applies to asylum seekers who cross the border and file for asylum less than 14 days after arrival. If you were denied asylum status in the United States and fly to Canada, you will also be turned away at the airport.
However, there are still avenues available for making asylum claims within Canada itself or at designated border points. If you are already in Canada, you can apply for refugee protection directly through the Immigration and Refugee Board of Canada. This process allows you to present your case without being subject to the restrictions imposed by the STCA.
For those considering crossing into Canada at a border point, it’s essential to understand that there are exceptions to the STCA that may allow for your claim to be heard. Factors such as family connections in Canada or other compelling humanitarian reasons can create pathways for individuals who might otherwise be turned away.
What are the exceptions to STCA?
Yes, there are exceptions to the STCA. You can apply for asylum in Canada at the border if:
- You have a family member who is a refugee, protected person, permanent resident, or citizen of Canada.
- Â You are an unmarried minor (under 18) without a mother, father, or legal guardian in Canada or the U.S.
- Â You have a valid admission document such as a Canadian visa, work permit, study permit, or travel document.
- You have been charged or convicted of a crime subject to the death penalty in the U.S. or another country. You must not be a security risk, a danger to the public, or have violated serious crimes or human or international rights.
The Safe Third Country rule also does not apply if:
- You arrived in Canada via an airport or seaport.
- You are a U.S. citizen or a stateless person who has lived in the U.S. for a long time.
You still have to meet all other requirements to make an asylum claim in Canada.
Navigating this complex legal landscape requires careful consideration and often professional guidance, but it is crucial not to lose hope—Canada remains a beacon of safety for many seeking refuge from dire situations. Understanding your rights and options under both Canadian law and international agreements is key to successfully pursuing an asylum claim.Â
For personalized legal services, contact Visaserve Immigration Law P.C today.
