Canadian Single Dad of 2 young U.S. citizens

[Ban Hammer 13,334]

as this is a very unusual case, i've asked the experts to visit this thread and provide their input.

[LIFE'SJOURNEY 970]

you are funny.

[SingleDad2usc 71]

I should also clarify: the children are US citizens by birth. There has never been, nor there will be an application for their dual (Canadian) citizenship. Such Canadian citizenship (only because father happens to be a Canadian Citizen) is not automatic

[VanessaTony 3,567]

I should also clarify: the children are US citizens by birth. There has never been, nor there will be an application for their dual (Canadian) citizenship. Such Canadian citizenship (only because father happens to be a Canadian Citizen) is not automatic

Okay. So if you're ever deported your children will remain in the US and go into foster care.

[canadian_wife 1,822]

They have claims to Canadian citizenship.

That matters in your case

Good luck

[SingleDad2usc 71]

The children don't want to even hear the word Canada.

"they have claims"?

I lived in Europe for a decade. I haven't done any biz in my former canadian (east coast) city for a couple of decades. The only thing I remember of it: it was darn cold Oct-Apr

[JimVaPhuong 4,863]

You can self-petition under VAWA. The abusing spouse does not have to be a US citizen. The abusing spouse can also be a permanent resident. The abuse must have occurred in the US (with some exceptions). It sounds like you have sufficient evidence to prove the abuse occurred. You will probably need some evidence to prove at least the identity of the abuser so that a confirmation can be made about her immigration status. If you choose to go this route then do not attempt to do it alone. You will need a very good immigration lawyer. You will be drawing the attention of USCIS to yourself by applying, and if you lose you'll face deportation. You must get it right the first time. You can't afford to lose.

Another remote possibility is 245(i), but that would require someone to have filed an approvable petition for you before April 30, 2001. You'd also have to prove you were present in the US on December 30, 2000. Did anyone ever file an immigrant visa petition for you?

The US government would not force the kids to go to Canada because they are US citizens. If you're deported then the order would apply only to you. USCIS doesn't really care if deporting you would separate you from your kids. That's not their problem.

Another possibility is to lay low for another 10 years. When your daughter is 21 she'll be eligible to petition for you, and you'll be able to adjust status in the US and get a green card. You'll be an immediate relative of a US citizen, so your overstay will not be relevant.

A final possibility is if fate smiles on you and presents you with a US citizen of the opposite sex whom you fall in love with and marry.

[newlyweds2010 208]

Your local USCIS office is listed as NYC. NY has one of the crappiest weathers in the US, humid and hot in the summer, freezing cold in the winter. Just to name one, Vancouver, BC, has a milder climate and is certainly not worse than NY. Plus Canada is, regardless of what some exceptionalist patriot Americans will tell you, a less crowded, cleaner, more civilized, and safer place to live (but you know it already). I understand that relocating with two sick kids is not great, but it sounds like it is your best option at this time. And I would consider applying for their Canadian citizenship. Your children certainly have every right to live in the US; you don't. Although they don't want to hear the word "Canada", sometimes you just gotta do what you gotta do. Besides, and you're free not to answer, how have you been living for 10+ years in the US supporting your kids without working? Or did you work under the counter without a work permit or a valid SSN?

But before making any decision, you should get advise from a very experienced immigration attorney.

Edited July 7, 2012 by newlyweds2010

[newlyweds2010 208]

You can self-petition under VAWA. The abusing spouse does not have to be a US citizen. The abusing spouse can also be a permanent resident. The abuse must have occurred in the US (with some exceptions). It sounds like you have sufficient evidence to prove the abuse occurred. You will probably need some evidence to prove at least the identity of the abuser so that a confirmation can be made about her immigration status. If you choose to go this route then do not attempt to do it alone. You will need a very good immigration lawyer. You will be drawing the attention of USCIS to yourself by applying, and if you lose you'll face deportation. You must get it right the first time. You can't afford to lose.

How could he self-petition under VAWA, when at the time the abuse occurred the abusing spouse had no status and was overstaying a tourist visa? It appears that she became an LPR afterwards, after being banned for 10 years.

[SingleDad2usc 71]

Please stop talking about Canadian option. No one is going

NYC's winters have been trying on my son. However, the government did help with well-heated apartment close to school. I've been getting by with no government funds for myself; and yes, would surely get by for as many years again. But Driver License needs renewal

[newlyweds2010 208]

Please stop talking about Canadian option. No one is going

NYC's winters have been trying on my son. However, the government did help with well-heated apartment close to school. I've been getting by with no government funds for myself; and yes, would surely get by for as many years again. But Driver License needs renewal

This doesn't sound like a very strong argument, but you may certainly try. As far as your driver license is concerned, New Mexico is one of the few states that doesn't require legal status to give you a driver license. Albuquerque weather is good. Good Luck.

[SingleDad2usc 71]

She was never banned. She had Asylum Granted status when pleaded guilty to assault in 2003. She might have not yet had LPR, when she pulled the VOIP stunt upon the Support Court in 2006. But she certainly was LPR and USC, when did all the verbal threats and support avoidance

[rika60607 215]

You do need a lawyer... but meanwhile, to get all the facts of your case straight, may be you can find out if you are still married, and if not, when she divorced you?

She was never banned. She had Asylum Granted status when pleaded guilty to assault in 2003. She might have not yet had LPR, when she pulled the VOIP stunt upon the Support Court in 2006. But she certainly was LPR and USC, when did all the verbal threats and support avoidance

[Anh map 2,098]

Please stop talking about Canadian option. No one is going

NYC's winters have been trying on my son. However, the government did help with well-heated apartment close to school. I've been getting by with no government funds for myself; and yes, would surely get by for as many years again. But Driver License needs renewal

You want what is best for your kids, but only on your terms? Who is really the priority here? FWIW, the social safety net available in your homeland would likely be far better that that here in the US.

Quickest and easiest - as Jim stated, find yourself a USC bride. If not, do your due diligence and find an top notch immigration attorney with documented success in these circumstances because you can't afford a hiccup.

[SingleDad2usc 71]

Our marriage took place in E.Europe in 2000. Knowing her M.O., she never filed for divorce in any jurisdiction. Knowing her M.O., she likely married someone on US soil (most likely a male USC) between 2006 and now - without ever dissolving first marriage.

In her sick mind, she always believed that no single official on the US soil would ever investigate her marital status. In her last days at our NY apt, she tore up that foreign-language marriage certificate - and believed that act "constituted" divorce. I still have that paper: looks like jigzaw puzzle LOL