Asylum in US-->Bringing her to Canada--No passport |
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Roca
Junior Member Joined: 10 Jan 2010 Status: Offline Points: 65 |
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Posted: 09 Aug 2011 at 9:01am |
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My fiance has an approved asylum status in the US and she will have her greencard in Nov of this yea. I am planning to sponsor her to join me here in Canada. The issue is she currently doesn't have her passport (and can't apply for one until she becomes a US citizen or leave). Can I sponsor someone without a passport from her own country?
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Harmonia
Senior Member Joined: 03 Dec 2009 Status: Offline Points: 609 |
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Is there no way for her to go to her country's embassy in the States and get a replacement passport?
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Citizenship App Sent: December 2012
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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I believe (as in I am not sure) a person may but the process is more complicated and subject to greater scrutiny.
I strongly suggest seeing a qualified immigration lawyer, NOT a consultant, at least for a consultation. Of course this is not a common circumstance (though it does occur more than occasionally . . . one often sees references to cases involving people who do not have and cannot obtain a passport from the country of their nationality) and there will be far closer scrutiny of the application, especially as to identity and background. As Harmonia suggests, though, much better to first ascertain for certain whether or not a passport can be obtained. |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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Roca
Junior Member Joined: 10 Jan 2010 Status: Offline Points: 65 |
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Thank you for your advices. Since the passport might be an issue, I think I will wait until she get her greencard in the US, because she should be able travel to here after that without out issue (Is that correct?).
According to some sources, the reason an asylee can't renew NP is that it means she doesn't fear to return to original country; and that makes sense to me. However if that person needs to travel to another, of course she needs her passport. Since she has dual citizen, probably we can use her second passport, just another idea.... |
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Megen
Average Member Joined: 29 Apr 2010 Location: Vancouver, BC Status: Offline Points: 198 |
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To travel between the US and Canada by land or water you need one of the following: passport, nexus card, FAST card, or an enhanced driver's license (which you can get in certain states when you get your driver's license, you will have to check the state and its requirements most of them require birth certificate. Some of them like in WA you have to be a US Citizen)
By air you need a passport or nexus card. |
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Spousal Outland (Buffalo)
App Rcvd: 7/19/10 Sponsor Approved: 8/20/10 Buffalo Processing: 9/7/10 Decision Made: 9/28/10 PPR: 9/30/10 COPR and PP in hand 10/12/10 Landed 10/29/10 PR Card Rcd 12/6/2010 |
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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If she has a valid passport I do not understand what the issue is. I believe that should be sufficient for making a sponsored PR application and it is definitely sufficient for purposes of international travel (recognizing the limitations that may apply to persons of that nationality).
I do not see how a U.S. green card figures into the calculation about submitting a sponsored PR application. If the passport a Foreign National carries is not from a visa-exempt country, the GC will allow the person to travel to Canada as a visa-exempt person (from U.S.) but it has no bearing on the PR application that I know of. Not sure how a person with dual citizenship obtains assylum/refugee status; this confuses me, more than a little actually. |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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pmm
Top Member Joined: 29 Nov 2009 Status: Offline Points: 2279 |
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Hi
The OP stated that she doesn't have a passport. |
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PMM
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Megen
Average Member Joined: 29 Apr 2010 Location: Vancouver, BC Status: Offline Points: 198 |
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I think depenabill is confused by the OP's latest post of:
That is confusing me as well. |
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Spousal Outland (Buffalo)
App Rcvd: 7/19/10 Sponsor Approved: 8/20/10 Buffalo Processing: 9/7/10 Decision Made: 9/28/10 PPR: 9/30/10 COPR and PP in hand 10/12/10 Landed 10/29/10 PR Card Rcd 12/6/2010 |
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Roca
Junior Member Joined: 10 Jan 2010 Status: Offline Points: 65 |
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Great observation everybody! Sorry for the confusion about the dual citizenship idea. She is originally from X country, I am from Y country and we all need to be here in Canada. What I meant was that since I can sponsor her to become citizen of a my country, probably that could be another solution for her to have a passport. Nuff about that...
Until now, I had not realized how complicated the whole thing might be. But as dpenabill said, I might need some help in this one. Basically when one apply for Asylum, you surrender the passport if you any. According US Immigration, we can request those original documents back by filing a form (I believe it's G-883). Even when we get them back, the passport would be expired and she won't be travel using it. "To travel between the US and Canada by land or water you need one of the following: passport, nexus card, FAST card, or an enhanced driver's license.............. By air you need a passport or nexus card. " I agree with the above suggestion and she can get the Nexus card (She will get the greencard after November also). I am also thinking about applying for US Travel documents (will cost around $250) and once she gets here in Canada, I will fill for inland sponsorship even though that will take longer period of time. Possible? |
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KateDaring52
New Member Joined: 10 Aug 2011 Status: Offline Points: 1 |
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Great post! It's very nice. Thank you so much for your post. |
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