1. Get legal help
Question and answer
Can I make a refugee claim in Canada if I’m coming from the U.S.?If you want to make a refugee claim at the Canada-United States (U.S.) border, it's very important to get legal advice before you go to the border. The rules are complicated. It's easy to make a mistake that could stop you from ever making a refugee claim in Canada.
And if you're sent back to the U.S. because of the Canada-U.S. Safe Third Country Agreement (STCA) the U.S. authorities will probably detain you.
According to 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.
A Canadian immigration lawyer or other licensed representative can tell you if you're eligible to make a refugee claim at the border and what the process is. They can also tell you your options if you're not eligible.
Tell your representative if any of your documents are false or if you made a previous refugee claim in Canada, the U.S., or any other country.
Canada-U.S. Border Rights Clinic
If you think you meet an exception to the STCA, contact the Canada-U.S. Border Rights Clinic before you go to the border. You may be able to get free legal advice from a Canadian immigration lawyer. Meetings are by phone or video call.
The Clinic's website has more information about what proof you need to show that you're eligible to make a refugee claim at the Canada-U.S. border. The information is available in English, French, Spanish, Kreyòl Ayisyen, and Persian.
Vive Refugee Shelter
Community and settlement workers at the Vive Refugee Shelter on the U.S. side of the border in Buffalo can also help you understand:
- if you meet an exception to the STCA
- how to make a refugee claim in Canada
United States citizens
If you're a U.S. citizen and you want to make a refugee claim in Canada:
- get legal advice about your options from a Canadian immigration lawyer
- review the Considering Canada webinar and booklet