Application for refugee status at the US border.

Asked almost 2 years ago - New York, NY

I was granted asylum in the USA and i travelled to Canada and overstayed there because i have a wife and kids there. My travel document expired and i now want to get back to the USA as i do not have status here. I have been advised that i could apply for refugee status at the border. If this is correct, how does it work, do i get detained and how long does it take.

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    15

    Lawyers agree

    1

    Answered . I agree with my colleagues.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Nicklaus James Misiti

    Contributor Level 19

    4

    Lawyers agree

    Answered . My understanding is your asylee status is abandoned and you may have some difficulties in accomplishing what you are speaking of. Speak with and retain an immigration attorney if you are serious about returning to the US. My firm handles complex asylum claims.
    Regards,
    Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  3. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . That does not seem to be correct, since by your actions after having been granted asylee status in the US you seem to have "resettled" in Canada and in effect could be deemed to have abandoned your residence in the US.

    Seek to speak with a US immigration lawyer in Canada immediately. Attorney Chang in Toronto is excellent and practices both US and Canadian immigration law.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more

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