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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101459
Experience:  Lawyer
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Refugee Claim. BC. Refugee

This answer was rated:

Hello
JA: Hi. How can I help?
Customer: Refugee Claim
JA: What state are you in? It matters because laws vary by location.
Customer: BC
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Refugee

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

What are your basic facts and what is your specific question please?

Customer: replied 2 months ago.
My Wife is a Yemen National. Her Spouse (myself) is Indian National. We have 3 Daugthers Indian National. Right now I am in Canada. My Wife and Children are in India. If I call my family to Canada na Tourist Visa can my Wife get a Refugee Status as a Principlal Applicant.
Customer: replied 2 months ago.
I have lived in the United States with my Family 5 Members on a R1/R2 Relgious Worker Visa for 1 Year also. 2015-2016
Customer: replied 2 months ago.
Hello

This is a complicated issue. I certainly cannot provide an answer in one minute. Please be patient.

If your wife gets a visa she can declare refugee status. She can make a refugee claim at a Canadian border or airport, or from within Canada.

There are essentially two grounds for obtaining refugee status.

One way is you meet the definition of a Convention Refugee. The other is if is you are considered to be a person in need of protection.

To be a Convention refugee, you must have a well-founded fear of being persecuted in your home country because of your:

* Race,
* Religion,
* Nationality,
* Political opinion, or
* Membership in a particular social group. (This can be a group that you chose to join, such as a labour union, or that you belong to because of who you are, such as a family. If you fear persecution because of your gender or sexual orientation, your claim is based on membership in a particular social group.)

You must also be unable or unwilling to return to your country because of your fear and the conditions there.

To be a person in need of protection, you must be someone who, if you had to return to your home country, would more likely than not face:

* Torture,
* A risk to your life, or
* A risk of cruel and unusual treatment or punishment.

If you face a risk to your life, or a risk of cruel and unusual treatment or punishment, you must show all of the following:

* You are not able to get protection from the government in your country.
* The risk affects you personally and is not faced generally by other people in your country. For example, the risk is not the result of a famine or civil war.
* The risk is not the result of government laws, such as punishment for committing a crime, unless these laws violate international standards.
* The risk is not caused by the fact that you cannot get adequate medical care in your country unless this is because of persecution or discrimination.

If you are at an airport or border, you can start your claim by telling a immigration officer that you want to make a refugee claim.

If you are already in Canada, you can contact CIC to start your claim.

Here is a link to the government webpage that explains how this all works:

http://www.cic.gc.ca/english/refugees/index.asp

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 2 months ago.
Can I meet you in Personal and can u file Refugee Claim for my Wife, And have handled refugee claims in the past.

I am not permitted to do that unfortunately.

But, on Monday you can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:
(###) ###-####or 1.***-***-****.

Customer: replied 2 months ago.
After reviewing my case what are my chances of getting refugee status approved for my wife? My wife has also aquired a Residency status in in India but she dont want to live there in Inida.

Yes she has a strong case to have this done very quickly. See this:

http://www.irb-cisr.gc.ca/Eng/BoaCom/references/pol/pol/Pages/polRpdSprExpProAcc.aspx

I can see that you asked for a second opinion and no one has answered yet. I don't think they will until you rate me. We don't get paid unless the customer rates us positively so no one will take the chance of working for free unless they see that you have rated me positively.

Thanks

Debra and other Canada Law Specialists are ready to help you
Customer: replied 2 months ago.
Ok How can I Rate You