Canadian Single Dad of 2 young U.S. citizens

[SingleDad2usc 71]

I’m Canadian who entered US by land Dec 2000 just showing Passport, with wife who entered on B1 visa from E.Europe. We had a daughter born in US 2001, right after my wife filed for Political Asylum, claiming to be single! She got Granted Dec 2002, just as our son was born in US! Sadly, wife neglected/abused both babies and surrendered custody to ACS! In 2003, she also pleaded guilty to second degree assault on me in MD1 (Mental Division) Court. Then she complied with Court's outpatient program for 13 months, while I was given Order of Protection. In 2004 her criminal case was closed and sealed, my Order of Protection expired. Thru same 13 months, ACS held children in foster care; I kept with ALL visitation and Family Court neglect hearings – she didn’t. By mid-2004, Family Court ordered discharge to my care, under ACS supervision. In 2005 Family Court granted Final Custody to me, on mother’s default. In 2006, she was served in-person by OCSE; but instead of appearing in Support Court – telephoned into scheduled hearing. Sworn over the speaker, she claimed to be “back in her homeland and barred from US for 10y”! Child Support case on behalf of State Social Services was dismissed. But she never left the US, did work, never paid a penny of child support and only called from blocked number with threats against me and children – if I ever tell State the truth.

Fully 11 years in US, my state now refuses (Real ID Act) to renew my Driver License – as I never had SSN or any INS paper issued to me. So I must apply for lawful residency – but how to do it safely?

Both US-born, 11y.o. daughter has learning delay, and 9y.o. son is epileptic, asthmatic and autistic. They never knew another care-giver over 3000 nights straight. Hundreds of documented medical treatments/emergencies. Numerous school "improvement" awards, attendance in every grade “above city average”! ACS case converted from protective to “preventive” to “homemaking assistance” now. I’ve been official payee on one child’s SSI and rental voucher (both Federally funded)- recertifying at local government offices every year. I was never eligible for any U.S. benefits for me.

Son could never medically be subjected to colder (Canada) climate, there are no other relatives. Extreme hardship? (reverse gender) VAWA case? Both children and I had been abused by birth mother, who at some point over the years became LPR, then US citizen – but likely changed name and SSN to avoid Child Support. Separated since 2003, I’m still considered married

[newlyweds2010 208]

I am very sorry for your situation. But what is your question exactly?

[canadian_wife 1,791]

It sounds like you are looking to stay in the US, I am sorry but your 2 USC children do not entitle you to stay in the US. They may petition for you when the oldest turns 21.

You cannot file VAWA as your wife was also not a USC and you do not have any legal, permanent status in the US

Have you been working? Could your current job sponsor you for a work visa and eventually a green card?

Have you consulted a lawyer? Your case is exceptionally complicated

Good luck

[LIFE'SJOURNEY 970]

You cannot claim USC thru the children, You can only can only gain legal status thru marrige to a USC. Sorry about life's event, but there is no way to gain legal status through them.

There are children living safetly in Canda that have the same conditions as your 2 young children, proven that the conditions in Canada to be too humaine for the children would be a hard case.

Edited July 7, 2012 by LIFE'SJOURNEY

[SingleDad2usc 71]

I always thought there may not be a valid provision to apply. However, what's the alternative? One child can never be moved to Northern climate, and children have no one besides me.

Let's not discuss "employment" - there is no legit employment offer to me as a Canadian. I do expect to be able to find some employment, once I have EmpAuthorization and SSN. And of course my DL will be instantly renewed, if I bring DMV any paper showing how long I'm authorized to stay

[LIFE'SJOURNEY 970]

I always thought there may not be a valid provision to apply. However, what's the alternative? One child can never be moved to Northern climate, and children have no one besides me.

Let's not discuss "employment" - there is no legit employment offer to me as a Canadian. I do expect to be able to find some employment, once I have EmpAuthorization and SSN. And of course my DL will be instantly renewed, if I bring DMV any paper showing how long I'm authorized to stay

You are looking at a tough case, you are looking at a very long road, and the end may not be to your liking. Seek quality legal advise, not this DIY forum.

[SingleDad2usc 71]

It's well documented by son's doctor that "cold weather" triggered most of his asthma attacks and seizures

Edited July 7, 2012 by SingleDad2usc

[canadian_wife 1,791]

I am so sorry for your situation but I guess I can't understand why your kids can't live in Canada? There are many children with Autism, Epilepsy and Asthma in Canada. Health care is good and care is beyond adequate. You know there are places in Canada without the extreme cold right? BC is one of them.

You have no path for an employment authorization document

Goodluck

[NigeriaorBust 4,087]

Repeated pleading your case won't help. It is way way above what a forum should be advising you on. I would say try the site immigrate2us.net they specialize in hard cases and may be able to point you to good avise ( a lawyer) quicker than we can here.

[SingleDad2usc 71]

It's hard to buy an argument that these children, who have never been outside of the U.S. - should suddenly be up-rooted and taken to the Canadian other coast. The ACS, for one, will be objecting

[canadian_wife 1,791]

I suggest you consult a qualified attorney immediatly. You are currently out of status in the US and you do not want to make your case worse for yourself.

Laurel Scott offers free chats on Wednesdays, she might be able to point you in the right direction

Good luck

[LIFE'SJOURNEY 970]

It's hard to buy an argument that these children, who have never been outside of the U.S. - should suddenly be up-rooted and taken to the Canadian other coast. The ACS, for one, will be objecting

So have ASC pleaded your case to immigration? Please try immigrate2us.net legal counsel over there may give you what you need.

[VanessaTony 3,567]

You could, if you can prove she is a USC, apply for VAWA based on prior abuse but I don't know if there's time limit on that seeing it was quite some time ago. Whether it would be approved is another matter.

You said she probably changed her name. How did she get a greencard in the first place? This means she's in the system somewhere unless she totally lied on every piece of paper. And could she get a GC with you in the country and not being included in the application in some form? Did she claim she was single? there's all sorts of issues.

You need to speak to an immigration attorney. What ACS wants isn't really relevant honestly... well to a point.. depends what stage of their process you're at. The children are dual citizens and can be taken back to their other country. They cannot be without a parent unless the state takes them (and they don't have cause) so you shouldn't have a problem removing them.

Plenty of people live in cold climates. You'll just have to live in the least cold area. Hopefully you can swing VAWA but I'm not sure about your chances honestly.

Also.. you could be divorced and just not know.

[SingleDad2usc 71]

ACS will not help me with immigration matters. They have no budget to do anything that is not directly on "childrens' behalf".

Also to consider: ACS was very happy when birth mother absconded in 2003. They tried to channel the case toward private adoption, where ACS would receive lump-sum revenue. But Family Court judge eventually straightened them out and threatened $1000/day fine if they didn't discharge to parent. I've now lived thru dozens of ACS personnel changes over the years - and I can't be sure what their M.O. would be now

[ceadsearc 515]

This is way beyond DIY. Get a skilled lawyer and fast. As Vanessa said, your only option MIGHT be VAWA. Otherwise, you either live here illegally (well, continue to do so) or you have to leave. I understand cold weather isn't good for your child's health but people with those conditions do live in Canada. Otherwise, you are free to move to another, warmer climate in another country. You know the saying - you don't have to go home but you can't stay here. But honestly - get a lawyer ASAP.