It is important to be as prepared as possible before you go to the border. The Canada Border Services Agency (CBSA) may not wait for you to collect more evidence. In most cases, you will be returned to the U.S. if you do not have strong evidence that you meet an exception to the Safe Third Country Agreement (STCA).
Your documents and interview will help CBSA to establish:
- your identity
- if you qualify under an exception to the STCA and are allowed to enter Canada
- if your claim is eligible to be sent to the Immigration and Refugee Board (IRB)
We recommend that you bring original documents to present to CBSA if you can. Photocopies may not be enough. We recommend you print out anything that you only have an electronic version of.
Common Questions
Examples of identity documents include:
- a passport
- a national ID card
- a driver’s licence
- a birth certificate
- a student ID
- an employee ID
To qualify for the family member exception, you will need to prove:
- your relationship to your family member in Canada
- your family member’s immigration status in Canada
Carefully gather and review documents for yourself and your family member in Canada, including any previous Canadian immigration applications. Be aware of inconsistencies or errors, such as incorrect dates of birth, different spellings of names, or missing information.
We recommend getting legal advice about your documents before coming to the border. A Canadian lawyer may recommend additional evidence if there are any issues, such as DNA testing.
Examples of relationship documents include:
- a birth certificate
- a marriage certificate
- a death certificate
- a family registration card
- a national identity card
- proof of legal guardianship
- your family member’s Canadian immigration applications that list you or other family members and show how you are related
- your U.S. asylum claim (I-589 form) or other U.S. immigration application that lists your family members
- a statutory declaration from your family member in Canada explaining how they are related to you
- photos, letters, emails, text messages, and other communications with family members
If your documents were recently issued, the Canada Border Services Agency (CBSA) may not believe they are genuine.
Bring original documents to the border, if possible. Your family member in Canada should also bring their original documents. You should also bring a copy of your family member’s documents to the border, even if they are also bringing them.
Example: Proving a family member relationship
If your uncle (your mother’s brother) is your family member in Canada, the following documents may help show how you are related to your uncle:
- your birth certificate, showing your relationship to your mother
- your mother’s birth certificate, showing her parents
- your uncle’s birth certificate, showing that he has the same parent or parents as your mother, your uncle’s Canadian immigration application forms which list his parents and siblings
- another identity document belonging to your mother, if it confirms information in your birth certificate
Your marriage must be legally valid according to Canadian rules and the rules in the country where you got married. For example, Canada does not recognize marriages that did not take place in person. Canada also does not recognize being married to more than one person at the same time.
Examples of documents that may help prove that your marriage is legally valid include:
- a valid marriage certificate
- a certified stamp or other document that states the marriage certificate is genuine
- a divorce certificate, if you or your spouse were previously married to someone else
Even if you are legally married, CBSA might decide that you don’t qualify for the spousal exception because they believe you got married for immigration reasons. For example, CBSA might think you got married for immigration reasons if you have not been married for a long time.
Examples of documents that may help prove that your marriage is genuine include:
- photos, including wedding photos
- messages, emails, call records, or other proof of communication over time. This can be especially helpful if you have been separated for a significant period of time, or if you were recently married.
- a document that shows you have lived together (lease, utility bills, or other documents showing the same address)
- proof that you have visited each other (for example, plane tickets, bus tickets, or stamps in your passport showing that you traveled to see each other)
- photos of you together on social media, including posts shared by friends or family members
- a document that shows you help each other financially (for example, receipts for money transfers)
- a letter or sworn statement from a family member or friend who knows about your relationship
- a birth certificate for your child, if you and your spouse have children together
Canada defines a common-law spouse as a person who meets these three criteria:
- is not legally married to you
- is at least 18 years old
- has lived with you in a conjugal (marriage-like) relationship for at least 12 consecutive months
Common-law relationships can be difficult to prove. CBSA will expect strong evidence showing that you and your partner lived together in a conjugal relationship for at least 12 continuous months. We recommend gathering evidence before going to the border and getting legal advice.
Examples of documents that can show your address include:
- a lease or rental agreement
- an identity document showing your address
- an immigration application listing your address
- a letter received at your home address about your immigration applications
- a utility bill
- a bank statement
- a medical record
- a tax document
- a government-issued letter
- a health or life insurance document with one spouse listed as the other’s beneficiary
- pay stubs over a period of time
- receipts for purchases you made or other records showing your address
Documents can be issued to either of you or both of you, but they should show the same address and include dates.
Examples of other documents that may help prove your common-law relationship include:
- a valid common-law certificate, if your country issues this type of document
- photos, messages, emails, call records, or other evidence showing your relationship over time
- a letter or sworn statement from a family member or friend who knows about your relationship
- photos of you together on social media, including posts shared by friends or family members
- a birth certificate for your child, if you and your spouse have children together
- a previous immigration application that lists each other as common-law spouses
If you have lived together for at least 12 months in the past but are now living in separate places, provide evidence showing that your relationship has continued, such as:
- records of any visits
- ongoing communications
- proof of financial support
- other evidence showing that you have maintained your relationship
CBSA can access information from previous Canadian immigration applications. They may review applications submitted by you or your family members to confirm relationships and other details.
Examples of how CBSA might check immigration records:
- If your uncle is your family member in Canada, CBSA may check whether he listed your mother as his sibling on a previous immigration application.
- If you previously applied for a visitor visa, CBSA may compare the information in that application with the information you provide at the border.
Carefully review any previous applications by you or your family member in Canada before coming to the border. Be aware of errors or inconsistencies between documents and previous applications.
We recommend you get legal advice about any issues with previous immigration applications. If there are significant inconsistencies, a lawyer may recommend additional evidence, such as DNA testing.
CBSA will interview you and may interview your family member in Canada. You will be interviewed separately. If your family member does not come to the border, CBSA may contact them by phone.
CBSA may ask basic or detailed questions about your relationship with each other, such as whether you each have children, what kind of work you do, and your immigration history. They will compare the answers that you each give.
CBSA may also ask questions about other family members. For example, if your family member in Canada is your brother, CBSA may ask how many brothers and sisters you have and what their names are.
If your family member in Canada is your spouse or common-law partner, CBSA may ask more detailed questions about your relationship, including:
- when and where you first met
- when your relationship began
- why you decided to get married, if applicable
- when you started living together
- whether anyone else lived with you
- how much rent you paid
- details about your home, such as the number of bedrooms
- information about each other, such as favourite foods, names of parents, number of siblings
CBSA may also ask questions about your documents or information contained in previous immigration applications.
Examples of documents that can prove the immigration status of your family member:
- Canadian citizen: a passport or certificate of citizenship
- Permanent resident: a permanent resident card
- Refugee claimant: a Refugee Protection Identity Document (RPID) and letter confirming the claim was sent to the Immigration and Refugee Board (IRB)
- Protected person: a Notice of Decision from the IRB
- Worker or student: a work permit or study permit
Examples of documents that may help prove you meet this exception include:
- an identity document showing you are under 18 years old
- a letter from your parents explaining your situation and where your parents are currently located
- plane tickets, travel records, or U.S. immigration records for your parent, if available
To qualify for this exception, you must not have a parent or legal guardian in Canada or the United States. If your parent or legal guardian is in either country, even temporarily, you will not qualify for this exception.
The Canada Border Services Agency (CBSA) will try to confirm where your parents or legal guardians are. This may include checking government records, reviewing your travel history, sharing information with U.S. authorities, or contacting your parents or legal guardians.
This is a less common exception to the Safe Third Country Agreement (STCA). Some Canada Border Services Agency (CBSA) officers may have little or no experience assessing stateless cases.
Stateless cases can be complex, and every case is different. We strongly recommend getting legal advice to determine whether you may qualify for this exception and to help you prepare your case.
Examples of documents that may help prove you are stateless include:
- your birth certificate or other identity documents showing where you were born and the names of your parents
- your parents’ birth certificates or other identity document showing where they were born
- a document showing your immigration status in countries where you have lived
- a document indicating you have no nationality (for example, a birth certificate stating that you have no nationality, or a travel document identifying you as stateless)
- a letter or official document from the country where you were born or countries where you have lived stating that you are stateless or cannot obtain citizenship
- if you have applied for citizenship or a travel document from any country, any document from the government, consulate, or embassy related to that application
- a statelessness opinion letter from UNHCR
- a document showing that U.S. Immigration and Customs Enforcement (ICE) was unable to remove you because you are stateless, if applicable
- copies of citizenship laws, country reports, or other reliable sources explaining the citizenship laws of the country where you were born and any other countries where you have lived
You will also need documents to show that you have lived in the U.S. for a significant period. Examples of documents that may help prove you are a habitual resident of the U.S. include:
- proof of U.S. immigration status, including documents that show when you first arrived in the U.S.
- a driver’s licence from a U.S. state
- a social security card
- bank cards and deposit books
- utility bills
- pay stubs or proof of work history
- proof of school enrollment
- a letter from a landlord confirming how long you have lived there
You can include recent documents and expired or older documents. This can help show how long you have lived in the U.S.
You should also be prepared to explain to CBSA:
- where you have previously lived and your status in those countries
- any steps you have taken to obtain citizenship in the countries where you have lived and why those efforts were unsuccessful
This is a less common exception to the Safe Third Country Agreement (STCA). Some Canada Border Services Agency (CBSA) officers may have little or no experience assessing cases involving the death penalty.
Death penalty cases can be complex, and every case is different. We strongly recommend getting legal advice to help determine whether you may qualify for this exception and to help you prepare your case.
Examples of documents that may help prove you are facing the death penalty in your country or in the U.S. include:
- an arrest warrant that identifies the criminal charge
- a court document that shows the charge, conviction, or sentence
- evidence to help show that any official documents you have, such as an arrest warrant or court documents, are genuine. For example, an expert report from a lawyer from your country.
- evidence to explain how you were able to leave detention and the country, if applicable
- laws or legal provisions from your country showing that the offence is punishable by the death penalty
- newspaper articles or other media reports that mention the charge, conviction, sentence, or related events leading to the charge or arrest
Examples of documents that may help prove you have a valid visa or travel document include:
- a valid permanent resident visa in your passport
- a valid temporary resident visa in your passport
- a valid temporary resident permit issued by the Canadian government
- a valid work or study permit, not connected with a failed refugee claim
- a valid travel document issued to permanent residents by the Canadian government
- a valid travel document issued to refugees by Immigration, Refugees and Citizenship Canada (IRCC)’s Passport Program
The Canada Border Services Agency (CBSA) may search online for information about you and any of your family members. CBSA might look at your social media account, if it is public. CBSA will try to see if information about you online matches the information you give when you make your refugee claim.
We recommend you try to obtain your original documents. If your original documents are damaged or expired, we still recommend that you provide them.
We know it is not always possible to provide original documents, as they may be lost or the U.S. government may have kept them.
If you do not have an original, you can provide a copy. Be prepared to explain to the Canada Border Services Agency (CBSA) officer why you can’t access the original. In some cases, a copy might not be enough. Get legal advice about your documents and other proof that may be helpful.
The Canada Border Services Agency (CBSA) will need to review documents that are in English or French, the official languages of Canada. If your documents are in a different language, we recommend you get certified translations of your documents before you go to the border.
If you do not get translations of your documents, CBSA might use their own interpreters to review your documents, but this is not guaranteed.
In addition, if CBSA decides you do not meet an exception to the Safe Third Country Agreement and you want to appeal that decision, it may be difficult for you to rely on documents that were not translated when you first showed them to CBSA.
You do not need to bring documents to the border to prove why you fear persecution in your country.
The interview at the border with the Canada Border Services Agency (CBSA) is mainly to determine:
- whether you qualify for an exception to the Safe Third Country Agreement (STCA), and
- if you do, whether your refugee claim is eligible to be sent to the Immigration and Refugee Board (IRB).
This interview is only the first step in the refugee process. CBSA may ask why you fear returning to your country, but it is not their job to decide whether Canada will give you refugee protection. That decision will be made later, either by a refugee hearing at the Immigration and Refugee Board or through a Pre-Removal Risk Assessment.
If you have documents that support your refugee claim, such as reports, news articles, official documents, photographs, or other evidence, make copies of them and keep them in a safe place. You can provide them to your lawyer or legal representative later. They can review the evidence and advise you about what will be helpful to your case.
Our clinic does not provide legal representation after a person enters Canada. To find a lawyer or legal representative, contact an organization that assists refugee claimants in Canada.
