2. Figure out if the STCA stops your claim
Question and answer
Can I make a refugee claim in Canada if I’m coming from the U.S.?The Safe Third Country Agreement (STCA) stops most refugee claims by people entering Canada from the United States (U.S.).
Some people meet an exception to the STCA. If you make a refugee claim with your family, each family member must also meet an exception to the STCA.
If you do not meet an exception, you cannot make a refugee claim in Canada. And if any of your family members do not meet an exception, they cannot make a refugee claim.
This rule applies if you make a refugee claim after you enter Canada by crossing anywhere along the Canada-U.S. land border. This includes if you cross:
- at an official , including by car, train, bus, or walking
- between official ports of entry, including by internal lakes and rivers
The STCA now applies along the entire Canada-U.S. land border.
If you make a refugee claim and cannot show that you meet an exception, your refugee claim ends. You can never make another refugee claim in Canada. Canada Border Services Agency (CBSA) returns you to the U.S. immediately and you will probably be detained by U.S. authorities.
Exceptions
You can make a refugee claim at the Canadian land border if you meet one of several exceptions. The most common exceptions are:
- you have an eligible family member in Canada
- you have a valid Canadian document like a visa or document
- you're an unaccompanied minor
An unaccompanied minor is an unmarried person age 17 or younger without a parent or legal guardian in either Canada or the U.S.
If you meet an exception, you must bring strong to show the immigration officer at the border.
For people who enter irregularly
If you enter Canada irregularly by crossing the Canada-U.S. land border between official ports of entry, and make your refugee claim:
- 14 days or less after entering, the STCA applies and you will be returned to the U.S. unless you meet an STCA exception, or
- more than 14 days after entering, you're not eligible to make a refugee claim and your claim will end. But you will not be removed to the U.S., and in most cases, you can stay in Canada to apply for a Pre-Removal Risk Assessment.
It can be dangerous to enter Canada irregularly. For example, you could:
- get lost or face risks like crossing rivers or extreme cold
- be arrested by U.S. or Canadian immigration authorities while crossing the border, or before 14 days have passed
STCA does not apply
You can also make a refugee claim if you:
- enter Canada at a seaport
- enter Canada at an airport, unless you're being through Canada after a failed refugee claim in the U.S.
- were charged with or convicted of a crime punishable by death in the U.S. or another country
- are a U.S. citizen, or
- are a person and a habitual resident of the U.S.
The STCA does not apply in these cases.
Habitual residence is a complicated legal concept. It depends on a stateless person's unique situation. For example, your habitual residence might be a place where you lived for a very long time, or for an important time in your life, like the place you were born. If you're stateless, do not assume you're a habitual resident of the U.S. just because you lived there. Get legal advice.
Get legal help
It's important to get legal advice before going to Canada. There is more information in Step 1.