Before you travel (everybody should read this!)                         français - español

IMPORTANT MESSAGE!!
We know you are in a very difficult situation and we support your right to seek asylum here.  Canada might seem like your last hope, but, crossing unofficially into Canada is dangerous at anytime of year.
  • In winter  the temperatures can go down to 30 Celcius (-22F) and it remains very cold in early spring.  It is easy to get lost in the woods, to injure yourself in dangerous/snowy terrain, to lose fingers or toes to frostbite. 
  • Since 2017,  21 people  have died at the border from the cold (hypothermia) or drowning – including 4 children. If you try to cross with a smuggler, they might not care about your safety. 
  • The Canadian police are guarding the border with helicopters, sensors, drones and vehicles. If the police catch you, and you do not qualify under the STCA rules, you will be sent back to the USA where you are highly likely to be detained, and possibly deported. 
  • IF you cross unofficially you must wear the warmest clothing, thermal underwear, good winter boots, hats,mittens and scarves. Hypothermia sets in quickly even in spring or autumn.
  • If you qualify under STCA rules or you are American you can go to an official port of entry.  See HERE for essential information
This page contains the following information:
  1. Overview : seeking asylum at the Canadian land border
  2. Keep your identity documents with you
  3. Preparing to explain your asylum case
  4. If you have already applied for asylum in the United States
  5. Help in New York State
  6. Sources of information and services for refugee claimants in Canada
 1. Overview: Seeking asylum at the Canadian land border.  See detailed information on other pages
  • You can make a refugee claim (apply for asylum) at the Canadian border only if you qualify for an exception to the Safe Third Country Agreement (STCA). This applies to people who:1. go to an official port of entry  or 2. cross the border in secret (not at an official Port of Entry), but are arrested by police after crossing and before 14 days have passed. If you do not qualify for an exception, you will be returned to the US. Go HERE to find out if you qualify for an exception
  • If you cross in secret and are not detected for 14 days, you can make a refugee claim and you will not be assessed under STCA rules.  After 14 days you can present yourself to the authorities or submit a refugee claim on the IRCC portal. You will need to show you have been in Canada for 14 days. It is strongly recommended that you have a refugee lawyer for this process.  See sources of help on this PAGE.
  • Everyone seeking asylum in Canada must be eligible to make a refugee claim. Some people are not eligible because, for example, they have committed serious crimes or have already been refused asylum in Canada. See ‘Next Steps’ at the bottom of this PAGE to find out more information.
2.    Keep your identity documents with you
Do NOT throw away or destroy your Identity papers (passport, national ID, drivers license, birth certificate). Keep your documents even if they are expired.   If you qualify to enter Canada under the rules of the STCA , you must have credible ID documents  in order to make a refugee claim and access faster processing  at Canadian Immigration (CBSA) at the border. With this process, you will leave CBSA with your refugee claim documents and work permit application started. You will need an email address for the process. People who do not qualify, face long delays in obtaining their documents and work permit.  
 If you have no ID documents you are at higher risk of being detained.
3.  Be prepared to explain truthfully why you are seeking asylum
This is very important.
  • Why are you afraid to return to your country of origin?
  • Have you been persecuted, threatened, wrongly imprisoned or hurt etc.?
  • Are you in danger there because of your race, religion, nationality, political views,  or 'membership in a particular social group' e.g. by virtue of  your sex, sexual orientation, gender or family ties (to name a few) ?
  • Are you at risk of torture or is there a risk to your life or of cruel and inhumane treatment?
Bring any reports, media articles, documents, photos or other proofs you have to support your refugee claim. If you cannot pay for a refugee lawyer, you might qualify for legal aid. Legal aid programs are different in each province.
4. Have you already made an asylum claim in the United States?
  • If you have applied for asylum in the US or any of the other ‘Five Eye’ countries (United Kingdom, New Zealand & Australia), you may no longer be entitled to the full independent refugee process in Canada. Instead you only have access to a Pre-Removal Risk Assessment (PRRA) hearing conducted by a government official. If you have a lawyer, you will  be able to have the  lawyer present with you. The PRRA is a less thorough process and has a much lower success rate than the refugee process. However, if you are successful you will be recognized as a Protected Person in Canada.
  • Note: Immigration officers in Canada will determine whether or not you are eligible for the full refugee process by examining bio-metric data (fingerprints and photos) shared among the Five Eye countries. Some asylum seekers, who have submitted claims in one of these countries, have been found eligible in Canada. This suggests that bio-metric sharing is not always consistent. However, if you have submitted an asylum claim or have provided bio-metric information in relation to any other request for protection, it is possible you may be restricted to the PRRA process. As well,  some people who are found eligible at the border,  are later found to be ineligible and their process is switched from a refugee claim to a PRRA.
  • Before entering Canada you are strongly advised to consult a Canadian refugee lawyer. You  can contact:  1. the Canada- US Border Rights Clinic  on (289) 273-6466 or +1 855-621-2060 or at [email protected]   They provide legal advice but not representation. OR  2.   FCJ Refugee  House to get the name of a lawyer:   [email protected]  or  416-469-9754 or WhatsApp +1 416-437-217-3786 
6.    Help in the United States (New York State)
  • Plattsburgh Cares provides some support to  asylum seekers in Plattsburgh: [email protected]
  • Emergency Shelter: contact Diane Noiseux of the Office for New Americans in Plattsburgh at 518-420-7210
  • Free legal advice: NYS Office of New Americans Immigration Hotline: 1-800-566-7636 (many languages)
7.   Sources of information for refugee claimants in Canada
Proudly powered by Weebly