Canadian Single Dad of 2 young U.S. citizens

[pushbrk 12,884]

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.

He's still married so would need a divorce first. Otherwise, I agree he seems to put a higher priority on "wants" than what's legal. This is a legal matter requiring a qualified attorney. If Jim says he can petition VAWA, then I would certainly look into that. Otherwise, the OP has some big boy decisions to make.

[Boiler 45,519]

Another votes to go home.

[newlyweds2010 208]

Requirement no. 1 to file under VAWA is that you "are now the spouse or child of an abusive U.S. citizen or lawful permanent resident". At the very least I would first find out whether she ever filed for divorce, maybe in her home country or elsewhere in Europe where you got married, and you never received notice. I am not saying that you qualify under VAWA, because other conditions apply, but if you are not married at the time you file I'd say that the chances of getting approved are close to nil. Time to do some serious due diligence and to consult with an immigration lawyer who is expert in VAWA cases.

[aaron2020 11,651]

Wow. Just incredible.

I am here illegally. Just tell me how to make myself legal. I don't care about any other reasonable option like returning to my country.

Wow.

[GlobeHopperMama 95]

Honestly, any DIY community like this one is not really equipped to help with a complicated situation like this. Immigrate2us.net doesn't have many people with experience in these types of situations, although you probably will find a lot more sympathy as there are a lot of people there with US citizen kids (or adults) with severe medical complications finding themselves in a situation where they must move the family outside the US, so they can understand that plight.

I think the advice you're hearing echoed a lot on this thread is important. You really need to talk to a lawyer who can help explore the options. Laurel Scott is pricey, but she's my lawyer and she knows her stuff. However, there are some less-pricey options, too, that I strongly recommend. Heather Poole in California knows the total ins and outs of victim-based and rare cases like this. Laura Fernandez, although newer to the field, is well-versed in these kinds of cases and has access to a lot of great resources for fighting rare avenues of relief.

If there is relief for you, it's going to be through a rare and most likely victim-based path like VAWA or even U-visa if you had a role in providing help to the prosecution in your wife's criminal proceedings. If not, your best bet is to keep your head low, try to survive with no driver's license (and no, it's not simply a matter of showing up in New Mexico and asking for one, they're taking serious steps to verify residency in-state). If you're ever detained or put into proceedings, you probably have a strong case for Cancellation of Removal, provided your children's health-care and educational specialists can provide supporting documentation. US citizen children are qualifying relatives in terms of the hardship arguments for CoR, and with 10+ years of continuous presence in the US, you seem to qualify, provided you have a clean criminal record. However, you can't apply affirmatively for Cancellation, at least not with current policy, you kind of have to wait for ICE to come after you, you can't turn yourself in to immigration (believe it or not), see this article by Laurel Scott.

Anyway, despite many VJ users' disdain for people present in the US without authorization (a point that actually makes for an interesting discussion in the specific case of Canadians), I would not jump on the advice to just leave the country yet, even if it were possible with your children. Most avenues of relief are dependent on your presence in the US, and whether everyone likes it or not, these avenues are legal and available to those who qualify. First talk to a lawyer like the ones I've referenced and see what they suggest. If they feel you and your children are best served by leaving the US, then do so, but otherwise pursue the available avenues in the US.

[AmyWrites 593]

OP, you either spend your entire life savings on a lawyer, for a remote chance you can stay in the US, or you can go to Canada, which will be much easier.... and hello affordable healthcare? The doctor was BSing that the cold will affect your son. I have worse health problems than your son and I live in Moscow. Many people do. Get a great coat and a very well heated flat.

[SingleDad2usc 71]

DMV said yesterday: give us $80.50 to get another 8y license. However, state computer system will no longer allow us to issue a plain DL to a person with no SSN. We need to see I-94 or DHS paper specifying till when you're allowed to stay. Then we insert a red line in the middle of the license: authorized to stay in US till... Every time you bring us new paper, it'll cost you $17.50 to modify that insert.

Carlos&Amy provided a few great points:

1. I shouldn't initiate divorce, before I've filed under VAWA.

2. Children ARE qualifying reason for CoR - but only if fed. authorities go after me; I can't just turn myself in

So it would appear that I have 2 options to obtain 8y DL:

1. Obtain I-94 (likely specifying 6mo stay), renew DL and then ignore the red-line. Traffic cop can't fine me because of the red-line. I'd drive legally for 8y, I just don't have legal presence.

2. Quick day-trip to my CA province, where they'd exchange my state DL for provincial DL.

Shorter-term fix is FL, where only 1y DL is issued to Canadians for $48.

Please keep good advice flowing here...I don't judge knee-jerk reaction of some: "go home", "he only wants his own terms", "get a pricy lawyer". But please consider:

1. Canada is just my passport. I have no ties there, and haven't lived there in decades. I wasn't born there, either.

2. Tonight is my 3000th (often sleepless) straight night as a sole caregiver to these 2 USC children, who have only resided in NYC and who only traveled to FL during winter breaks. We're in-separable, just like they're un-removable

It's too bad that the US TODAY doesn't seem to have a path for me to apply. But I'm perfectly capable of maintaining clean record and surviving for better times. I need to drive legally

[LIFE'SJOURNEY 970]

This entire post was only about how you could obtain a DL legally.

All you want is a DL period.........

:rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl:

[pushbrk 12,884]

Wow. Just incredible.

I am here illegally. Just tell me how to make myself legal. I don't care about any other reasonable option like returning to my country.

Wow.

You need a lawyer to assist you in determining IF you have ANY avenue to get yourself legal in the USA. There well may be no such avenue. If no such avenue exists, you have the option of being "legal" in Canada. We get that you don't like that option. So, find an attorney to help you. If you can't afford one, there are church or other social services agencies that can help you get a consultation.

It seems this is all prompted by your inability to obtain a current driver license. You cannot obtain an I-94 from inside the USA. If you leave, you won't get back in. You cannot show you entered legally because you didn't. Time for some big boy decisions. Actions have consequences.

[SingleDad2usc 71]

This entire post was only about how you could obtain a DL legally.

All you want is a DL period.........

:rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl:

No, I'd like legal presence and EAD. But there is hardly any opinion above that there is a path.

As far as "can't obtain I-94" - why not?

[Justine+David 218]

At the very least you should get your sons Canadian passports in case "the worst" does happen and you are deported.

Personally, I would keep my family together at all costs and that includes doing stuff I don't really want to do. I have to echo that British Columbia (especially Vancouver) is very mild weather, much more so than NYC. I know you have no ties there, but you need to have a Plan B in case things don't go the way you planned. As a father, I'm sure you'll take every precaution necessary to keep your family together because USCIS is not going to care if you are deported without your sons because they have no passports. They are a faceless government entity, not social work.

Out of curiosity, how are you supporting yourself?

[LIFE'SJOURNEY 970]

B. E. C. A. U.S.E. when you leave the shinny shores of the USA, you will have a TEN year Ban put upon you for overstaying the last 11 years without permission. :yes:

Edited July 7, 2012 by LIFE'SJOURNEY

[AmyWrites 593]

OP, here's the thing, you came to the US illegally, you may very well have no options in the US, and trying for any option will be very expensive and time consuming and likely useless. Maybe you have no ties in Canada, but you might not have a choice. Getting deported and separated from your kids will be worse than willingly going to Canada.

Edited July 7, 2012 by AmyWrites

[SingleDad2usc 71]

LIFE'SJOURNEY is right: I shouldn't play around the exit. I should maintain continuous presence.

Please again: do not mention Canada. Children will not leave NYC, and no authorities (despite existing Fed Laws, or lack of present path) will want to go on record of separating us - given all of the locally issued directives for this family over the decade.

Edited: btw AmyWrites, where did you get "came to the US illegally"? Overstayed - YES, didn't have life's choice

Edited July 7, 2012 by SingleDad2usc

[LIFE'SJOURNEY 970]

With all that have been said, I don't believe there is any more advise to be given, all else will be opinions. I will say, you are being truly selfish, what you are doing will bring more harm to those kids in the end, but they are your children. You have to live with the decisions you make.

I do believe there are more to the story than what has been posted, but we don't need to know.

Good luck going forward.

.