Is Canadian Immigration A Possible Refuge For U.S. Migrants On Parole?

Forbes

17-04-2025

As American immigration policies tighten, hundreds of thousands of migrants who once found shelter under humanitarian parole or Temporary Protected Status (TPS) now face a legal cliff. Whether fleeing war, persecution, or natural disasters—from Venezuela, Haiti, Sudan, Nicaragua, or Ukraine—many are running out of time and options. While recently a Massachusetts federal judge temporarily blocked the Trump administration from ending the parole status of nearly half a million immigrants from Cuba, Haiti, Nicaragua, and Venezuela, stating that the government's early termination of the parole programs was likely arbitrary and capricious, no one can predict whether this ruling will hold once appeals are launched. Thus, with parole extensions uncertain and TPS subject to political winds, a growing number are asking where they can escape to. At least some of these migrants are considering Canadian immigration from the U.S. as a way out.
So is it?
The quick answer is not really, except for a very few.
Here's why.
Canada's immigration system, although historically generous, is now constrained. There are very few quick legal entry options for migrants currently residing in the U.S., and the process of obtaining permanent residence in Canada is complex, narrow, and selective. Nevertheless, with strategic planning and policy changes, some avenues may still be available.
For many, the first challenge is to apply for a Canadian entry visa as a potential bridge to permanent solutions. Virtually all migrants in the U.S. on parole or under TPS status would require a visa to enter Canada. To obtain such a visa- whether as a visitor, student, or temporary worker- the migrant must convince Canadian visa officers at a consulate, such as those in New York or Los Angeles, that they will return home after their visit—a nearly impossible task for individuals who cannot safely return to their countries of origin, especially without permanent U.S. status. This is essentially a mission impossible. Refusals are common, even with financial support or family invitations.
Canada's refugee system will not apply to most migrants arriving from the U.S. This is because, under the Canada–U.S. Safe Third Country Agreement (STCA), refugee (asylum) claims at official land border crossings are barred. However, there are some narrow exceptions—such as having a spouse, parent, or sibling in Canada, or being an unaccompanied minor. If a migrant falls into that exceptional category, they will be allowed to enter the country with proof of the exception.
Otherwise, even irregular border crossings like those that were once made at Roxham Road are no longer viable. Since 2023, STCA rules apply countrywide, including to those entering outside formal ports of entry. Anyone trying to cross the border without a visa will be apprehended and returned to the United States pursuant to the STCA agreement. However, if a migrant enters Canada irregularly and then remains undetected for 14 days after their entry, they can make a refugee claim—but this is a risky and legally precarious option. This is not a great choice for most.
Some migrants may already be Canadian citizens without realizing it. Those with Canadian-born parents might qualify for Canadian citizenship by descent. Applying for a citizenship certificate can open the door to full legal status, employment, and access to healthcare in Canada. Given Canada's global diaspora—including among Haitians, Ukrainians, and others—this pathway deserves greater attention. It could be a fortunate opportunity for some
For those excluded from nonimmigrant options like visitor visas, student permits, and temporary work visas because they cannot demonstrate an intention to leave at the end of their authorized stay, or from refugee pathways due to restrictions imposed by the STCA agreement, only permanent residence options remain. However, obtaining permanent residence is challenging. Furthermore, timing becomes an issue since there is no immediate way to enter Canada while being compelled to leave the United States.
Nonetheless, we can explore permanent resident options with the aim of eventually getting to Canada one way or another. If the migrant cannot immediately reach Canada, perhaps something could be arranged, even after a deportation, to make such an option feasible.
Canada's Express Entry system prioritizes young, educated, and French-speaking applicants through a points-based model. Recent cutoffs have exceeded 500 points, making it virtually inaccessible for most applicants without at least a master's degree, work experience, or exceptional credentials and the ability to speak English. French speakers have a lower threshold to meet and may qualify with a points score in the 400s or possibly even lower. The processing time is about a year or so.
Provincial Nominee Programs (PNPs) offer another route, particularly for those with job offers. However, in 2025, Canada reduced its PNP intake by 50%, and most provinces now prioritize applicants who are already living or working there. French speakers, healthcare workers, and tradespeople may have an advantage; however, without Canadian job offers or residency, most displaced migrants will not qualify. They are worth reviewing to ensure there are no opportunities, nonetheless.
Migrants in the U.S. with Canadian spouses or common-law partners may be eligible for family sponsorship—a straightforward path to permanent residence, typically without income requirements. Processing is relatively fast, and approvals are frequent. Currently, spousal sponsorships from outside Canada are taking about 10 months for processing. Applications from within Canada for the same purpose are taking twice as long to be approved. However, for virtually all migrants from the U.S., the question remains: how can one wait for 10 months outside Canada if they are being driven out by the host country? They may have to return to their home country to await approvals.
Other family pathways, such as sponsoring parents or adult children, are slower and more restrictive, often limited to small annual quotas or lotteries. Nevertheless, where eligible relatives exist in Canada, sponsorship remains the most promising option.
Canada offers some specialized permanent residence programs, but few are accessible to displaced populations. The federal Self-Employed Persons Program—for artists, athletes, or cultural workers—is paused until 2026. This pause was implemented to address a backlog of applications and improve processing times, as stated by Immigration, Refugees and Citizenship Canada (IRCC). During this pause, IRCC is continuing to process existing applications and is exploring ways to reform the program in the long term. Quebec offers a similar stream, but with strict French-language and financial requirements, which makes it potentially worth exploring. Entrepreneurs may apply under the Start-Up Visa Program if backed by a Canadian incubator, but it's highly selective. Investor visas require $ 100,000 or more in capital, making them impractical for almost all displaced migrants. Still, those who have such capital may want to explore this program.
Currently, Canada provides no dedicated pathway for migrants in the U.S. losing humanitarian or TPS status. Advocates have suggested exempting these individuals from the STCA, creating a specific resettlement program, or permitting private sponsorships. Thus far, no such policies have been enacted. The Canadian government has concentrated on short-term visa programs instead of long-term protection. However, with deportations in the U.S. on the horizon, this stance could shift due to public and political pressure. Nevertheless, the potential disruptions to migrants in the U.S. may generate a wave of interest that exceeds Canada's capacity to accommodate.
Canada has a legacy of helping the displaced—from Hungarians in 1956 to Vietnamese in the 1970s, Syrians in 2015, and Ukrainians more recently. As indicated, while legal pathways for Canadian immigration from the U.S. remain narrow, they are not entirely closed. For now, migrants in the U.S. looking to go northward must rely on this patchwork of limited options. For the rest, the future depends on advocacy, reform, and Canada's willingness to lead once more.