1. Get legal help
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 travel to the border. The rules are complicated and it's easy to make a mistake that could stop you from ever making a refugee claim in Canada.
And, if you're returned to the U.S. because of the Safe Third Country Agreement (STCA), the U.S. authorities will probably detain you.
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 tell you what the process is and what documents you need.
If you're using the family member exception, it's best to have your representative:
- review any documents you and your family member plan to bring to the border
- prepare you and your family member for the interview with the immigration officer.
A lawyer or licensed representative can also tell you your options if you're not eligible. Tell them if any of your documents are false or if you made a previous refugee claim in Canada 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 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 on the U.S. side of the border at the Vive Refugee Shelter in Buffalo can also help you understand:
- whether you meet an exception to the STCA
- the process of making a refugee claim in Canada