Can I make a refugee claim in Canada if I’m coming from the U.S.?
Updated April 8You might not be able to make a refugee claim in Canada if you're arriving from the United States (U.S.).
According to the Safe Third Country Agreement (STCA), a person coming from the U.S. should make their refugee claim in the U.S. because the U.S. is a safe country.
But the STCA does not stop everyone from making a refugee claim. There are some exceptions.
Eligibility interview
An official U.S.-Canada land border crossing is called a Port of entry (POE). When you make a refugee claim at a POE, a Canada Border Services Agency (CBSA) officer interviews you to decide if you're eligible. This means they decide if you meet the requirements to make a refugee claim in Canada.
If you're not eligible because you do not meet an exception to the STCA, the officer will not let you enter Canada. Your refugee claim ends and you can never make another refugee claim in Canada. You will be sent back to the U.S. immediately. And in the U.S., the authorities will probably detain you.
If you meet an exception to the STCA, you may be able to make a refugee claim and stay in Canada until your claim is decided. You need strong to prove you meet an exception to the STCA. The exceptions are explained in Step 2.
You must also meet all other eligibility requirements to make a refugee claim. The requirements are explained in Step 3.
If you made a refugee claim in Canada on or after June 3, 2025, or if you're planning to make one, a new law called Bill C-12 may affect you. Use this tool from the Migrant Rights Network to check if your claim could end. If your claim ends, you usually have the right to apply for a Pre-Removal Risk Assessment. It's important to get legal help.
Risk of detention
At your eligibility interview, a CBSA officer might detain you. For example, you can be detained if they need to confirm your identity. If you're detained, you have the right to:
- know why you're being detained
- have a hearing within 48 hours of being detained
- get help from a lawyer or other licensed representative
Get legal help
If you want to enter Canada from the U.S. and make a refugee claim, it's important to get legal advice before you travel to Canada.
A lawyer or other licensed representative can tell you:
- if you meet an exception to the STCA, and the evidence you need to prove this
- if there are other rules that mean you cannot make a refugee claim in Canada
- the process of making a refugee claim at the border
- what other options you might have