At-a-Glance Summary

This page explains how to claim refugee protection (asylum) in Canada when you are coming from the United States.

It’s written for two groups because the rules and the practical challenges are very different:

1. U.S. citizens (Americans)
2. People who are in the U.S. but are not U.S. citizens (for example: international students, visitors, undocumented people, or U.S. permanent residents/green card holders)

The most important clarity (do not skip)

1. U.S. citizens can legally make a refugee claim in Canada. However, these cases are usually heavily tested because Canadian decision-makers often expect that state protection and internal relocation within the United States are reasonably available unless your evidence shows otherwise.
2. The Safe Third Country Agreement (STCA) is often the biggest obstacle for non‑U.S. citizens coming from the U.S. at the land border.
3. STCA generally does not apply to U.S. citizens.
4. STCA can apply at the land border, and it can also apply to some people who cross between ports of entry and make a claim in Canada within 14 days of entry.
5. STCA also applies at airports only in a narrow transit scenario (for people refused refugee status in the U.S. who are in transit through Canada after being deported from the U.S.).
6. There is no universal “15-day after arrival in Canada” rule to start a refugee claim. Still, delays and changing stories can damage credibility. Start early and keep your story consistent from day one.

Quick decision map

If you are a U.S. citizen

1. STCA is usually not your barrier.
2. Your main challenge is proving the refugee legal test, especially:
3. why U.S. protection is not reasonably available to you, and
4. why you cannot safely and reasonably relocate within the U.S.

If you are not a U.S. citizen and you are coming from the U.S.

1. If you try to claim at the Canada–U.S. land border, STCA often applies and may make you ineligible unless you qualify for an STCA exception.
2. Strategy is often about eligibility planning and evidence of the exception.

STCA exceptions: the four common categories (for non‑U.S. citizens)

If you are not a U.S. citizen, you may still be eligible at the land border if you fit an exception such as:

1. Family member exceptions
2. Unaccompanied minor exception
3. Document holder exceptions (certain valid Canadian documents)
4. Public interest exceptions (narrow)

Do I need a consultant?

You can represent yourself. But “from the U.S.” cases are often lost because of:

1. missing or poorly organized evidence,
2. weak explanation of efforts to get state protection,
3. poor analysis of internal relocation,
4. contradictions between forms, the Basis of Claim (BOC), and testimony.

Working with a lawyer or an immigration consultant RCIC-IRB is usually in your best interest, especially if STCA exceptions or complex evidence are involved.

Full Guide

Who this page is for

This guide is for people who are coming to Canada from the United States and want clear answers to:

1. Can I make a refugee claim in Canada?
2. Does the Safe Third Country Agreement (STCA) apply to me?
3. If I can claim, what will the IRB test most aggressively in a “USA-based” file?
4. What evidence and documents usually matter?

This is general information only, not legal advice.

1) Core concept: eligibility vs strength

Two different questions get mixed up:

Eligibility

Eligibility is about whether Canada will allow you to enter the refugee system at all.

1. For many non‑U.S. citizens arriving at the land border, STCA is the biggest eligibility gate.

Strength

Strength is about whether you will win at the IRB hearing.

1. For many U.S. citizens, eligibility is often not the issue, the issue is proving the legal test (risk + lack of protection + relocation analysis).

2) Can U.S. citizens claim asylum in Canada?

Yes. A U.S. citizen can legally make a refugee claim in Canada.

But in practice, U.S.-based claims often face intense scrutiny because Canada will ask:

1. Why can’t you get protection from U.S. authorities?
2. Why can’t you relocate to another state safely?
3. What objective evidence supports your fear of persecution or serious harm?

If you are a U.S. citizen, your case must usually be:

1. evidence-heavy,
2. extremely consistent,
3. and written with a clear legal theory tied to the facts.

3) STCA explained in plain language

The Safe Third Country Agreement (STCA) is a Canada–U.S. rule that generally requires many refugee claimants to seek protection in the first of the two countries they arrive in.

Who STCA does not apply to

STCA does not apply to U.S. citizens. It also does not apply to certain stateless persons who are habitual residents of the U.S.

Where STCA applies

STCA applies to refugee claimants who are seeking entry to Canada from the U.S.:

1. at Canada–U.S. land border crossings,
2. after crossing between ports of entry and making a refugee claim less than 14 days after entry into Canada,
3. by train, and
4. at airports only in a narrow transit scenario (refused refugee status in the U.S. and in transit through Canada after being deported from the U.S.).

Important: STCA rules are technical and fact-specific. A small detail can change eligibility.

4) Non‑U.S. citizens in the U.S.: STCA exceptions (overview)

If you are not a U.S. citizen and you want to claim at the Canada–U.S. land border, STCA often makes you ineligible unless an exception applies.

Below is a practical overview (not a substitute for legal advice):

A) Family member exceptions

You may qualify if you have certain qualifying family members in Canada (for example, a Canadian citizen, permanent resident, protected person, or other qualifying status).

B) Unaccompanied minor exception

This may apply if you are under 18 and not accompanied by a parent/guardian, and you do not have a parent/guardian in Canada or the U.S.

C) Document holder exceptions

This may apply if you hold certain valid Canadian documents (examples can include certain visas or permits).

D) Public interest exceptions

This is narrow and can apply in specific circumstances (for example, certain situations involving the death penalty).

Even if an exception applies, you must still meet other eligibility rules under Canadian law.

5) The real “hill” in U.S. citizen claims: state protection and internal relocation

Canadian refugee law often expects people to seek protection from their home country if that protection is reasonably available.

A) State protection: what decision-makers look for

In many U.S.-based files, the IRB will expect credible, objective evidence such as:

1. police reports and outcomes
2. court records (charges, restraining orders, sentencing)
3. documented complaints to authorities and the response
4. medical records or hospital notes
5. therapist/psychologist/psychiatrist reports (where relevant)
6. workplace or school reports (when relevant)

If you did not report to authorities, the file usually needs a clear explanation (supported by evidence where possible) of why reporting was unsafe or objectively futile in your situation.

B) Internal relocation: “Can you safely move to another state?”

In many U.S. citizen cases, internal relocation is a major issue.

A strong file typically explains:

1. why the threat follows you (reach, resources, tracking)
2. why relocation is unrealistic (legal barriers, children/custody realities, medical barriers, lack of safe housing, etc.)
3. why the risk remains personal, serious, and likely

If internal relocation is ignored, many otherwise serious cases fail.

6) What kinds of “USA-based” claims appear in Canada?

There is no “approved list.” Canadian decision-makers focus on facts, not labels.

Some USA-based claims may involve:

1. political opinion (including activism and retaliation)
2. identity-based targeting (race, religion, sexual orientation, gender identity)
3. severe family violence / coercive control (case-specific)
4. threats by powerful non-state actors where protection is not realistically available in the individual’s circumstances

The IRB will focus on:

1. what happened to you,
2. what is likely to happen if you return,
3. and why you cannot be protected.

7) How the process works (high-level overview)

This is an orientation only. Procedures and forms can change.

Step 1 – Determine the correct pathway (land border vs airport vs inland)

1. Some claims are made at a port of entry.
2. Many claims are started inland through the IRCC portal after lawful entry.

If you are not a U.S. citizen, the land border route can trigger STCA issues and eligibility decisions.

Step 2 – Prepare the record early (forms + narrative + evidence)

Inconsistencies between:

1. the portal forms,
2. your written narrative,
3. your supporting documents,
4. and your testimony

can damage credibility.

Step 3 – Basis of Claim (BOC) and deadlines

Deadlines depend on how and where you claim.

1. If you start an inland claim in the IRCC portal, you generally have 90 days from when you start the claim in the portal to submit a completed application.
2. For claims made at a port of entry, the IRB currently extends the BOC time limit to 45 calendar days after the claim is referred to the RPD (under its current practice notice).

Always follow the instructions on your own file. Do not assume your deadline.

Step 4 – IRB hearing preparation

Most accepted claims are built on:

1. a clean timeline with dates and locations,
2. credible and organized evidence,
3. and strong preparation for questioning.

Step 5 – Decision and next steps

1. If accepted, you become a protected person and can later apply for permanent residence.
2. If refused, options can include RAD (in some cases), judicial review, or other remedies depending on eligibility and timing.

8) Evidence checklist (practical, not exhaustive)

Gather what exists and explain what does not.

Identity and travel history

1. passport/ID
2. entry/exit records, visas, travel itineraries (where available)

Proof of harm and escalation

1. police and court records
2. medical/therapy records
3. photographs, videos, injury documentation
4. written threats and digital evidence (with dates, context, and account identifiers)
5. witness letters (detailed, credible, consistent)

Evidence for state protection and relocation analysis

1. documentation of reports made (and outcomes)
2. evidence showing why reporting is unsafe/futile (if applicable)
3. evidence showing why relocation is not safe/reasonable (case-specific)

9) Do I need a consultant?

You can represent yourself.

But “USA-based” cases are often lost because of:

1. missing or poorly organized evidence,
2. weak explanations for state protection efforts,
3. internal relocation analysis that is not addressed,
4. inconsistent timelines and narratives.

Working with a lawyer or an immigration consultant RCIC-IRB can help you:

1. choose the correct eligibility strategy (especially if STCA applies),
2. present a coherent case theory,
3. avoid contradictions across forms and evidence,
4. and prepare for the IRB hearing.

FAQs

Related LMRT resources

1. Asylum in Canada: Guides & Resources (LMRT)
2. Safe Third Country Agreement Exceptions
3. Claim Refugee Status from Inside Canada (Inland Refugee Claim)
4. https://lmrtimmigration.com/asylum-canada/applying-for-asylum-to-canada-online-a-comprehensive-guide/
5. Asylum to Canada: A Comprehensive Guide to Protection and Safety
6. Applying for Asylum in Canada (inland vs at port of entry): A Side-by-Side Comparison

Official sources you can rely on

1. IRCC: Canada–U.S. Safe Third Country Agreement (where it applies; who it does not apply to)
2. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement.html
3. IRCC: Guide 0174 – inland refugee claims in the IRCC portal (includes the 90-day submission rule)
4. https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-0174-inland-refugee-claims-portal.html
5. IRB (RPD): Practice Notice on Procedural Issues (includes the 45-day BOC extension for port-of-entry claims)
6. https://irb.gc.ca/en/legal-policy/procedures/Pages/rpd-pn-procedural-issues.aspx

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