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Application for refugee status at the US border.

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

Posted

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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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4 comments

Benjamin Tendai Chitsunge

Benjamin Tendai Chitsunge

Posted

I do not have any status in Canada as i came as a visitor.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

But isn't your wife a citizen or at least a "landed" immigrant?

Benjamin Tendai Chitsunge

Benjamin Tendai Chitsunge

Posted

Yes, i applied for permanent residence, but it has taken too long to be approved and we are now going through a divorce, so she is withdrawing her sponsorship. That is why i need to get back to the USA.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Good luck. Retain an attorney at once! In Toronto you have attorney Chang who is excellent and practices both US and Canadian immigration law.

Posted

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 attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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Posted

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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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