Husband not a PR of Canada nor Canadian Citizen

[mstangie 0]

My husband had his interview this morning. Because he is not a PR of Canada nor Canadian Citizen he was not issued a visa. He applied for assylum in Canada and is awaiting a hearing. The lady at the US Conslate said she could not make a decision and he needed to bring in the paperwork from when he crossed the border the first time into Canada. My question is will he have to wait on a hearing from Canada immigration inorder for them(US Conslate) to make a decision?So at this time his case with the US Conslate office is pending until she see's the paperwork from when he entered into Canada. Does anyone know anything about this, and that could bring me some relief. This has been going on for two years now, and with out a lawyer this was pretty hard for me to do all by myself. PLEASE HELP!!!!!

[trailmix 77]

Hmm, this is a pretty unique case, as you already know.

I don't suppose the CO gave him any indication of why she needed to see the paperwork? The only thing I can think of and I think the title of this thread is implying this - is that she is uncertain whether or not he has legal status in Canada and therefore that he has the legal status to be interviewed in Montreal?

All people have to provide proof that they have legal status in Canada, before they interview - so that would not seem out of the ordinary to me. If he provided no proof of status here at his interview that is.

[Wyatt's Torch 45]

I'm just surprised that you made it through the whole process in Canada without him being a Canadian PR or Citizen. That strikes me as something that would have raised a red flag (and not a Canadian one...) at the very outset of the process.

[lgg 2]

I was thinking the same thing, myself. We all needed Birth cert., and all the other stuff in order to make it through the USCIS and then NVC... I'm curious now. Sorry this doesn't help, MsTangie, but just curious as to how this could even be...

I'm just surprised that you made it through the whole process in Canada without him being a Canadian PR or Citizen. That strikes me as something that would have raised a red flag (and not a Canadian one...) at the very outset of the process.

[trailmix 77]

I'm just surprised that you made it through the whole process in Canada without him being a Canadian PR or Citizen. That strikes me as something that would have raised a red flag (and not a Canadian one...) at the very outset of the process.

He doesn't have to be either one, just has to have legal status here.

[Wyatt's Torch 45]

He doesn't have to be either one, just has to have legal status here.

But it sounds like he doesn't even have that. If he's just waiting on an asylum hearing, what is his status?

[slider100 8]

Does he have any passport stamp entry when he entered Canada? Or any kind of asylum visa stamp? I am not sure how the asylum thing works but these things might help!

KnR aka slider100

[trailmix 77]

That's the question really - hence the request for his Canadian papers. Now, just because he is waiting for an asylum hearing doesn't mean he isn't here legally - it probably means he is and that he has some legal status to remain - that's what I think they are getting at.

You have to meet certain criteria to interview here, so I would think that Montreal would want to see that.

[trailmix 77]

I just found this, which may or may not apply. I don't know if they view 'asylum' the same as they view refugee claimants. This information is in the consulate specific information - Department of State:

Note on jurisdiction. Immigrant visa processing at the United States Consulate General in Montreal is limited to: link

• Canadian citizens and landed immigrants.

• Non-Canadians who reside temporarily in Canada and have the permission of the Canadian government to remain in Canada at least six months (for example, those on a study permit).

• Persons now residing in the United States whose most recent foreign residence was in Canada. “Most recent foreign residence” means that you were a student, temporary worker, or landed immigrant in Canada for at least six months prior to moving to the United States.

Please note that this list does not include refugee claimants, unless and until they have subsequently been granted refugee status in Canada.

If they do view it the same then yes, in theory they may wait for asylum to be granted I suppose.

[bowflex 0]

My husband had his interview this morning. Because he is not a PR of Canada nor Canadian Citizen he was not issued a visa. He applied for assylum in Canada and is awaiting a hearing. The lady at the US Conslate said she could not make a decision and he needed to bring in the paperwork from when he crossed the border the first time into Canada. My question is will he have to wait on a hearing from Canada immigration inorder for them(US Conslate) to make a decision?So at this time his case with the US Conslate office is pending until she see's the paperwork from when he entered into Canada. Does anyone know anything about this, and that could bring me some relief. This has been going on for two years now, and with out a lawyer this was pretty hard for me to do all by myself. PLEASE HELP!!!!!

My wife and her family actually were originally in Canada through the Humanitarian and Compassionate process and this did not stop our eventual approval for our CR-1 Visa to get her into the USA. We did, after being given advice by our lawyer, bring all paperwork regarding her entry into Canada and proof that they were working towards becoming permanent residents in Canada. After this was reviewed we did not have any problem with that part of the case.

If he has family in Canada now, make sure you note that he will face problems crossing the border into Canada in the future most likely. Once he abandons his case to move to the States (if/when he is approved for the visa), he will not be able to apply for another visa in Canada (at least that is what we were told about 200 times by government officials there).

My wife's family will actually get their citizenship in Canada most likely but throughout the entire CR-1 process they technically had "no status" in Canada other than being part of the Humanitarian process. Good luck!

[mstangie 0]

Thanks everyone for their reply.

Bowflex the CO did ask him for his papers that he crossed the border with and I think once she see's that then she will make a decision.

[Malrothien 6]

She's asking for proof of a prior visa because Canada has 'implied status' status. If you have a pending immigrant application with CIC and your visitor/work visa expires, you are under implied status.

[coraliesolms 47]

Is your husband Haitian? Im just asking because my interview was yesterday, and there was a Haitian man in front of me that I was talking too. I dont know the answer to your question, but if it is your hubby he loves you very much.. his face lit up every time he spoke about you!!!

[Sc0tt28 26]

You can't apply for asylum in one country (Canada) and then apply for asylum in another country (US) because there is a reason you were applying for asylum in the first place and the asylum status you get will relieve the need to apply for asylum anywhere else.

Then again, I may have no idea what I'm talking about...kinda tired...were we talking about filing an I-130? I think you would need the asylum status to be approved in Canada before applying for status in the US.

[Carlawarla 1]

You can't apply for asylum in one country (Canada) and then apply for asylum in another country (US) because there is a reason you were applying for asylum in the first place and the asylum status you get will relieve the need to apply for asylum anywhere else.

Then again, I may have no idea what I'm talking about...kinda tired...were we talking about filing an I-130? I think you would need the asylum status to be approved in Canada before applying for status in the US.

He's not applying for asylum in the U.S. though, just in Canada. I think it sounds like they just want proof of where his asylum status is, in Canada at this time.

I too could be wrong. The OP needs to come back!