Kimberly Rivera sought protection in Canada when she realized that her position in the US military put her in danger of heading to Iraq. The 30-year-old Army private has already served in Iraq, where she went on a mission on 2006. When she was told that she would be going back, he crossed the border into Canada, hoping that she could avoid being forced back to the Middle East. She says that she became disillusioned with the trip. The woman applied for refugee status while in Canada, and lives in Toronto with her husband and four children. Her two youngest children were born in Canada, where she has been living for 5 years.

In January 2009, the Canadian Immigration and Refugee Board ordered her and her family to leave the country or face deportation. Rivera appealed the deportation, and hired an immigration lawyer who argued that Rivera would probably face court martial and up to five years in prison if she was deported. This is because she did not serve her entire term in the army. Two other war resisters that were hiding out in Canada faced up to one-year in jail when they arrived back in the United States. As the mother of four and a devoted wife, the last thing Rivera wants to do is spend time behind bars. The War Resisters Support Campaign says that there are about 200 Americans who are resisting their army commands by living in Canada.

In the lower house of Canada’s Parliament, the authorities passed a nonbinding motion which urged that all U.S. military deserters be allowed to stay in Canada. The Conservative government ignored the vote, which is why they now have the right to deport Rivera. At the time of the Vietnam War, as many as 90,000 Americans moved up to Canada to seek refuge and avoid the draft. Many were giving permanent residence status, and got Canadian citizenship. Those who did not were granted amnesty by Jimmy Carter in the late 1970s. For Rivera, going back the United States is a horrible fear. In addition to incarceration, she is worried that she will be separated from her family.

Rivera has been meeting with her lawyers and trying to determine the next step that she will take towards fighting to remain in her new country. The War Resisters Support Campaign is upset and the Canadian decision for deportation, and hopes that the government should withdraw the directive. On the other hand, government in Canada is trying to red flag all US soldiers, and say that they cannot apply for asylum because they are criminally inadmissible. Advocates on Rivera’s side say that red flagging Americans is not fair, and hope that the government will exercise humanitarian and compassionate consideration to allow them to stay.

Rivera’s situation is similar to hundreds of others who immigrated because they wanted to avoid a war that was raging in their country. Whether you are an immigrant that is seeking a lawyer to stay in the United States, or an American that is in another country and wants to remain there, you will want an expert immigration attorney on your side. When it comes to war resistance, the punishments of being deported are often stricter than in a typical immigration. You will not only be sent back to your country of origin, but have to serve the penalties for resisting the war. One man who immigrated to Canada in order to avoid being sent to Iraq was sent to a military prison for 15 months and then given a dishonorable discharge from the army in 2008. If you are in this situation, and need an immigration attorney, browse this directory to find someone who can help!