Was brought to the us as I minor and now want to go back

[moemac59 193]

3 minutes ago, Jennifererr said:

If all else fails this is what we plan on doing! Thankyou, the most helpful post yet! 

You are welcome. Keep us posted. I travel back and forth via Niagara Falls or Lewiston by vehicle all of the time and have had no issues crossing with my enhanced license. 

Edited February 5, 2017 by moemac59

[Transborderwife 4,666]

9 minutes ago, Jennifererr said:

If all else fails this is what we plan on doing! Thankyou, the most helpful post yet! 

What state does he live in?  Has he just not paid taxes or what's the tax mess?

[Hypnos 6,578]

Not enough facts to say whether you have an overstay bar or not. 

 

Minors do not accrue overstay until they turn 18.

 

It will turn on whether you were considered to be "tolling" or not - that is, waiting for a non-frivolous application to extend your nonimmigrant status to be granted. 

 

You'd need to know exactly what kind of visa you entered on and exactly what they filed for you. 

 

If it turns out you are barred but answered No to that question on the ESTA application then that may lead to a lifetime bar due to material misrepresentation. 

 

You certainly should not attempt to enter the US until you've figured this all out, as it's very possible you might be detained and/or denied entry when trying to do so. 

[bunkx 25]

I don't exactly know if this is possible, but could she not go the US Embassy and explain the situation and ask if she has indeed overstayed. Is there no way of getting information from the USCIS about this? Maybe the embassy could point her in the right direction.

 

Also, I assume there are no plans for marriage? What does he think about coming to the UK to live with you there? (Assuming you guys get married, he could then move to the UK)

 

Oh and, if you were born in the UK to an English mother, but your unmarried father is a US citizen, would the baby be eligible for US Citizenship?

 

These are all questions you should look into, I think.

[USC1961 251]

11 hours ago, moemac59 said:

Can the 2 of you meet somewhere in Canada? He wouldn't need to get a passport if he was driving over the border but would need to obtain an enhanced drivers license to enter Canada. He could not use it for air travel though.

 

These are the requirements for US citizens for an enhanced license:

• Proof of state residency. Depending on your state you will either need one or two documents of proof.
• Proof of U.S. citizenship.
• Proof of identity. In most cases, your current driver's license will suffice.
• A valid Social Security number.

This probably won't work for 2 reasons:

 

1.  There are only 5 states that issue an enhanced drivers license Michigan, Minnesota, New York, Vermont, and Washington.

 

2.  If he can't get a passport he won't be able to get an Enhanced Driver's license for the same reason.  Those unpaid fees (i'm guessing most likely child support) will show up in the simple background check they do.

[moemac59 193]

On 2/6/2017 at 2:18 AM, Cruise77 said:

This probably won't work for 2 reasons:

 

1.  There are only 5 states that issue an enhanced drivers license Michigan, Minnesota, New York, Vermont, and Washington.

 

2.  If he can't get a passport he won't be able to get an Enhanced Driver's license for the same reason.  Those unpaid fees (i'm guessing most likely child support) will show up in the simple background check they do.

When I went in to get my enhanced licence the DMV just used my NY state license and m6 Naturalization cert. It wouldn't hurt to try to get an enhanced licence if it issued in the state thst he lives in

[USC1961 251]

5 hours ago, moemac59 said:

When I went in to get my enhanced licence the DMV just used my NY state license and m6 Naturalization cert. It wouldn't hurt to try to get an enhanced licence if it issued in the state thst he lives in

It may not hurt if you don't mind losing time and money.  Point being it's not easier to get an Enhanced Driver's license than a passport.  The same basic guidelines are used for issuing them both.  With the addition of having to be a licensed driver for the EDL.   Yeah it was easy for you because you had no holds or bars from being issued one.  But the OP has already stated the person in question can't get a passport,  which means it's 99% likely they won't qualify for an EDL.  Not trying to be a party pooper here,  just think it's important to manage false expectations.