Can a Canadian PR Holder with Pending US Asylum Visit the US?

As a permanent resident (PR) of Canada, you may wonder if you are entitled to visit the United States (US), especially with a pending US asylum application. This article will clarify the SEO-friendly guidelines and answer your concerns regarding visitor visas and visas-free entry.

Understanding the Context

There is a unique case where the journey to visit the US becomes meaningful: you filed an asylum claim in the US while in the process, you obtained Canadian PR. This situation calls for careful handling.

Withdrawing Your Asylum Claim

In many situations, allowing your asylum claim to lapse sufficiently can solve the issue without any complications. However, there is a crucial caveat: if you did not appear when summoned to attend a hearing during the asylum process, you could face a 5-year inadmissibility. This would make it difficult to return to theUS in the future, let alone obtain a visitor visa.

Dual Ineligibility

You currently fall into a situation where you are ineligible to apply for asylum again, both because of the safe third country agreement and because of your status as a safely resettled individual. This means you have no risk of being deported by the US.

Cautionary Note

There might be misunderstandings or fraudulent actions in obtaining a visitor visa to Canada for the first time. If you were truthful or if your application was valid, the risks are minimal. But if there were any discrepancies, the authorities in the US likely have knowledge of them.

Visa-Free Entry to the US

As a permanent resident of Canada, you are allowed up to 6 months of visa-free entry into the US for purposes such as tourism, pleasure, visiting family, medical care, business, conducting trade, or attending conferences. However, this privilege does not permit you to work for a US-based company while you are in the US.

US LPR and Canada PR

If you are also a lawful permanent resident (LPR) of the US, the reverse does apply for visits to Canada. No additional paperwork is required to return to the US, as long as you have a valid passport and green card. While it is important to note that leaving the US with an unresolved asylum case could be seen as abandoning the case. In such a situation, you might need to seek permission to depart the US and return. If denied entry, you would need to reapply for asylum, but if you already hold legal status as an LPR, you already possess a green card.

Clarifying the Question

Your question is somewhat vague and inconsistent. It first states that you are a PR holder from the US, but then mentions having applied for asylum. This is confusing because being a PR holder from Canada would imply a different situation. The confusion arises from not specifying which PR status you are referring to.

Key Points to Remember

Canadian PR Holder: Allows visa-free entry to the US for up to 6 months. US Asylum: Pending asylum cases may affect your re-entry to the US. Visitor Visa: Ensure any previous discrepancies are cleared before making plans. LPR of the US: No additional documentation required to re-enter the US. Visa-Free Re-Entry: Be cautious of leaving the US with unresolved legal issues.

Conclusion

Whether you can visit the US depends on several factors, including the status of your asylum claim, your previous actions, and your current PR status. For detailed guidance, consider consulting a legal or immigration expert in your respective country.