What is the “Safe Third Country” Agreement in Palm Beach Gardens?

Although Canada is far from Florida, it still has the potential to affect your immigration efforts here. This is partly due to something called the “Safe Third Country Agreement.” What exactly is the Safe Third Country Agreement, and how could it affect your ability to pursue asylum here in the United States? This is something you might want to explore with a Palm Beach Gardens immigration lawyer.

The Safe Third Country Agreement May Apply if You Arrived in Canada First 

The Safe Third Country Agreement only affects your asylum claim if you arrived in Canada first. For example, you might have fled persecution and arrived in Canada before relocating once again to Florida. The Safe Third Country Agreement may apply in this scenario because Canada and the United States “share responsibility” for dealing with asylum seekers. Under this agreement, each country agrees to handle the asylum seekers that arrive within its borders first.

The Safe Third Country Agreement Does Not Apply to Affirmative Asylum Claims

Note that the Safe Third Country Agreement (STCA) only applies to “credible fear” screenings. A credible fear screening occurs when an individual faces expedited removal. If you arrived from Canada and then made your way to Florida in an irregular or unlawful fashion, the STCA applies to you. This means that you will likely be unable to apply for asylum in the United States. Instead, you can apply for asylum in Canada.

However, the STCA does not apply if you want to apply for “affirmative asylum.” If you relocated to Florida in a normal way and you’re not facing removal, you can file for this type of asylum. In this situation, you can apply for asylum even if you arrived in Canada first.

Applying for Asylum Is Now Much More Challenging

Asylum was once a formidable immigration strategy, but the current administration has made many changes that make this pathway less feasible. Asylum might even be completely impossible for you if you’re coming from one of the 40 countries on the “ban list.” These include countries with active wars and political or cultural strife.

Even if you’re fleeing from persecution, asylum might not be the only option available to you. Consider speaking with an experienced immigration lawyer to review your options. It may be easier to gain permanent residence than you realize, especially if you have certain employment skills or relatives in the United States.

Can a Palm Beach Gardens Immigration Lawyer Help Me? 

If you want to pursue asylum in the United States but you think that the Safe Third Country Agreement might be an issue, consider speaking with an experienced immigration lawyer in Palm Beach Gardens. There are certain exceptions to this rule, and you might still be able to win asylum even if you arrived in Canada before relocating to Florida. Consider expanding on this conversation with The Devore Law Group.

Sources: 

uscis.gov/humanitarian/refugees-and-asylum/asylum/questions-and-answers-credible-fear-screening

uscis.gov/humanitarian/refugees-and-asylum/asylum/affirmative-asylum-frequently-asked-questions/questions-and-answers-affirmative-asylum-eligibility-and-applications