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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100996
Experience:  Lawyer
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What is the procedure for seeking asylum at the North Dakota

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Good morning. What is the procedure for seeking asylum at the North Dakota US-Canada border

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In the US or in Canada?

Customer: replied 3 months ago.
In Canada

Please be patient while I have this moved to Canada law for a Canadian attorney to contact you. They will contact you soon, please do not reply to me as it will delay the moving of the question.

Are you hoping to drive or walk across the border?

Customer: replied 3 months ago.
Drive or walk whichever is possible because I have 2 kids
Customer: replied 3 months ago.
My brother is a Canadian citizen and will come to the border to receive us. One of my kids is a US Citizen but they said I'm not qualified to seek asylum

Who said that and when? What reason did they give? Is this about the First Safe Country Treaty?

Customer: replied 3 months ago.
No the United States. They said we(my son & I) are not eligible to apply for asylum b cause we have been here for more than a year.

So generally you cannot apply at the border. That is because Canada and the US have a treaty that requires you to apply from the first safe country and so it is almost always not possible to apply at the border.

However, there are exceptions and one is if you have family in Canada. So as your brother is Canadian they may allow you to apply at the border.

As well, since Trump has been elected the officials at the borders have often been turning a blind eye and allow people from the US to simply walk across the border.

If you are permitted to do that then you can apply for asylum/refugee status from within Canada a Canada visa office so you would first enter and then shortly after find the closest office, attend and declare refugee status.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 3 months ago.
Ok. Thanks a lot for the information. One thing that is confusing me is how we will actually go across the border.
Customer: replied 3 months ago.
But this definitely helps as a starting point. Are you in Canada?

Yes I am in Canada.

You line up where everyone is lined up in their cars, or on foot, and then if you are asked what the purpose of your visit is you can say that you would like to declare refugee status and that you were told in the US you could not apply and as well you have a Canadian brother.

Customer: replied 3 months ago.
Ok. Great. Can my brother contact your chambers? Because we need a lawyer

No but he can certainly hire an immigration lawyer in his city.

Where does he live?

Customer: replied 3 months ago.
Oh ok. He lives in Winnipeg.
Customer: replied 3 months ago.
Ok. Thank you so much

You are very welcome.

Please be sure to rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

Customer: replied 3 months ago.
I will. God bless you


Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100996
Experience: Lawyer
Debra and other Canada Law Specialists are ready to help you