I can seek an asylum in Canada? No I have not. I am not a US citizen. I have not. I am only 19 years old. 🥺 I.e the

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Customer: I can seek an asylum in Canada?
JA: What steps have you taken? Have you filed any paperwork with the U.S. government?
Customer: No I have not. I am not a US citizen.
JA: Have you talked to a lawyer about asylum?
Customer: I have not. I am only 19 years old. 🥺
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I.e the reason?
Answered by JJL11 in 1 hour 1 year ago
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JJL11, Expert

Hello – My name is ***** ***** I’m happy to assist you today. I am a Canadian lawyer who is able to answer immigration law questions.

Do you currently have legal status in the US ? Can you tell me more about the basis of your asylum claim ?

Customer
No, I am not a citizen of the US. I am a citizen of Barbados.
Customer
The asylum claim is based primarily on a nude video that has been circulating for the pass 8 months.
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JJL11, Expert

I see - In order to make a asylum claim you need to be able to identify a well-founded fear of persecution based on race, religion, political opinion, nationality or being part of a social group (ie) gender, sexuality) or establish that you are a person in need of protection in Canada who can’t return to their home country safely because they may face danger of torture, risk to life or risk of cruel and unusual treatment or punishment.

Can you elaborate on how this video will subject you to persecution on one of the recognized grounds or risk to your life if you were forced to return to Barbados ?

Customer
Social group - Sexual Orientation
The video was of myself and another person ( a guy ). When the video first surfaced, ( I was 18 years old at the time ) my family immediately kicked me out of the house and my uncle tired to beat and kill me that same night. I ran away during curfew and called the police, they ended up taking me back home and completely disregarded the situation.
Customer
The next day, the packed all of my stuff and put me out of the house.
Customer
Everysince then I have been beaten, cursed at, sexual and psychological abused and exploite and hated on.
Customer
Persons threaten me, I relocated to 4 different homes and it still has not stopped.
Customer
Up until Dec 28th I was beaten
Customer
File attached (LL7ZPM4)
Customer
File attached (24M3LS7)
Customer
File attached (1537LPM)
Customer
File attached (7P1226Z)
Customer
Honestly, I can't take this anymore. I am actually being abused where I am staying right now but I have no where else to go.
Customer
I am only 19 years old. I have nothing.
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JJL11, Expert

I am so sorry to hear about how you have been treated.

As you may know, Canada and the US have a Safe Third Country Agreement in place which means that asylum claimants are to make a claim for asylum in the first country, either US or Canada they arrive in. The Federal Court of Canada decided that this Agreement is invalid on July 22, 2020 but has extended it's validity for 6 months which is January 22, 2021.

However, Canada Immigration has applied for a stay of this 6 month suspension to the Federal Court.

So for now, the US Canada Safe Third Country Agreement is still in effect until further notice.

This means that if you make a refugee claim in Canada, you will be turned back to the US unless you fall within one of the exceptions to the agreement which is that you have family members such as spouse, children, parents, siblings, grandparents, aunts, uncles, nephews, nieces and common law or same sex partner in Canada or that you have a valid visa to enter Canada or study or work permit.

Do you have any such family members in Canada and have you made a claim for asylum in the US ?

Customer
I have no family in Canada.
Customer
I have family members in the US but they have totally abandoned me.
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JJL11, Expert

Have you made a claim for asylum in the US then ?

Customer
I have same sex friends from Canada though. (Homosexuals
Customer
I have not.
Customer
How do I make the claim?
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JJL11, Expert

Since I am not a US immigration attorney, I cannot answer that question. You will have to put in a new request to ask a US Legal Expert this question. I am only able to advise on Canadian immigration law.

I would suggest that you watch for updates in the news about any changes to the US Canada Safe Third Country Agreement because if it's validity is suspended, you will no longer be turned back to the US if you try to make a claim in Canada.

Also, since you are a holder of a Barbados passport as a citizen and do not need to apply for a visitor visa to Canada, you only need to get a Electronic Travel Authorization to enter Canada. Unfortunately, under Canada's current COVID 19 travel restrictions, you will not be allowed entry as a visitor if you have not immediate or extended family in Canada but when the travel restrictions are lifted, you may be able to enter Canada with if you can get an ETA.

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JJL11, Expert

Hi - I hope I have answered your question. Please feel free to let me know if you have any further questions.

Thank you for using JustAnswer.

Take care.

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