Canadian Single Dad of 2 young U.S. citizens

[NoVisaCanuck 9]

NoVisaCanuck, I trust that you're a good person - but one who's biased in favor of Canada (that's where YOUR YOUR YOUR homeland is). My children and I have NOTHING NOTHING NOTHING in Canada, except a piece of paper (my passport). Relax, take a deep breath. There is no Canadian option for these children even if your Prime Minister put a gun to my head. Hands off the US citizens, even if they are too fragile to fend for themselves. No more Canada discussion, if you truly care about this Forum's time

Edit: to answer to Ihavequestions. We don't winter in FL (like many Canadians do). I've only managed cheap FL breaks as school winter schedule allows. These breaks have been treasured

Last post. I haven't lived in Canada for 15 years, and emigrated with a 3 and 1 year old to the US where we also didn't know anybody to widen the children's experience for their future. I've naturalized as a USC and they will soon to follow. I'm BIASED for my homeland!?!?! The ONLY ONLY ONLY practical (and legal) options for you have been given to you by VJ'ers many times already and the safest and most feasible way is to go to Canada (or your homeland Eastern Europe) The net is closing in on you and your time is near, your kids don't deserve this risk you're putting them through.

[SingleDad2usc 71]

I was reminded Denzel Washington's (FBI) plea to Bruce Willis (Army General) in 1998 "Siege" not to torture the extremist: "If you do that - "they" have won!"

I came to Immigration Issues forum with a detailed humanitarian account: not for sympathy, pats on back, or trolling. If you friends believe that Federal employees are all henchmen - then why be so protective of this fantasy heaven? Laws are not perfect, and there is no one size fits all.

My children had a rough start. Phychiatrists believe that kids who didn't have stable family first two years of their life are prone to "attachment disorder". But my kids are happy, wide-smile exceptions. My daughter has natural beauty and glow: she'd won Jr Miss New York Times. I think she's a bit skinny - but I can't make her eat the veggies. My son, though burdened with 5 birth defects - promotes nicely now at the top of his special Ed class. We have received Neighborhood Awards from Mayor's hands - not very common in a large Metropolis. NYC has been a true home - the only one we've ever known.

Family Court Judge, who's written books, presided over ACS neglect petition for over a year. He ended up ordering discharge to father, with ACS supervision. His decision was detailed two-page. Next Judge a year later granted me Final Order of Custody, plus another order I requested - although I came to him unrepresented. All government officials that ever came in touch with my children and me - were always left happy and cheered. Everyone perceives me 10 years younger than I am - probably because they always see me easy going, light hearted, with open demeanor. I was admittedly over-optimistic once: marrying for the first time relatively late, and welcoming a young and much too ambitious woman with a variety of issues into my life. But not in my worst nightmare, have I ever expected double single parenthood. I should have known better, when she was flaking out on the first child - and I got some taste...But it seemed manageable, almost like taking care of a dog...I didn't realize that two are not just double trouble - that issues jump exponentially. Have you taken care of two small children by yourself for over 3 days/nights? Well I'm over my 3000th night now... I still believe single parenthood is absolutely nuts. Shouldn't exist

As to the U.S. and NYC in particular - I'm very optimistic. Wish you all happiness, and never turn backs on your home

[newlyweds2010 208]

You have received the same information over and over during the past 2 days: have you filed under VAWA yet? This MIGHT be your only option, meaning that there is no other way around it and maybe VAWA won't work either. All the rest is pretty straightforward: overstaying a visa = no legal status = no work permit = no DL = risk of being deported = a fat 10-year ban from the US. The fact that your kids are US Citizens doesn't give you any special right to stay, and illegal parents of USCs are deported all the time. As many, including myself, have told you throughout this thread, you better contact an experienced immigration lawyer who will advise you on whether you can apply under VAWA, and what the odds of such application would be. If you don't want/can't pay for an attorney, then go to some free legal clinics or google the forms and file them yourself. No matter what path you decide to follow, I would suggest that you do it soonish, and hope that you are not stopped by ICE or get into any trouble with the law in the meantime. Good luck

[SingleDad2usc 71]

thanks for the above; u meant well, but I think u might have had a better post earlier. A scientist, I'll explain why my knowledge increased by zero from the last post:

1. consequences of overstaying - basic theory

2. parents of USC are deported all the time - zero statistical data in this statement

3. contact experienced attorney - no fail wording, applicable everywhere

4. do it soonish - r u sure?

5. stopped by ICE or trouble w/Law - what r the odds?

Here are some alternative meanings (work-in-progress):

1. One of the consequences of "overstaying at least 10y" is A PLUS in C-o-R, which a person would NOT otherwise have.

2. what percentage of total, what was parent record, were they Single Parent, did children have back-up person, did children have special needs, "extreme hardship"

3. for someone on budget - how to go about it

4. VAWA re-authorization is on the Hill; should one file BEFORE or AFTER?

5. what do u know about ICE actions in NYC?

Some of REAL queries:

1. to reduce odds of "trouble" - how do I renew DL?

2. VAWA: does abuse before offender's LPR count?

3. VAWA: if physical abuse (resulting in conviction) occured before offender's LPR, but only verbal threats to do the same occured after LPR - does it fly?

4. VAWA: how much does weight increase in case of proven abuse of children, on top of spouse

5. VAWA: is fraudulent avoidance of CHILD SUPPORT (which threatens Criminal Prosecution in Perpetrator's mind) given weight in arguing the verasity of current VERBAL ABUSE

6. To illiminate statistical inaccuracy, are there material practical differences between overstay situations in NYC vs. elsewhere?

7. My behavior is like same of the most perfect citizen - but what BULLET POINTS do immigration officers and judges prefer: e.g. documented instances of helping not just own family but the OTHERS as well, community volunteering, acts of bravery, press clippings, awards, character references from officials, from well known people, etc.

8. Does non-filing of Tax Returns matter: IRS exempts many persons from filing; people in fact forego tax BENEFITS if don't file

9. How can ACS and preventive agencies involvement help?

These are just some questions that come to mind. I find discussions can increase your knowledge more than pricey attorneys. The key is to iliminate bias from discussion: we all know that we're swimming between the cracks in the current, ever evolving, law structure. People who throw labels "illegal", "gaming the system", "unfair advantage" - what is the role of those people on this forum? We're here to help each other with knowledge, to improve the system, to become productive members of the society, to improve society, to bring humanity to society. Begotry, racism, political bickering do not belong here. Inconsiderate slander, jumping to conclusions without proper preparation - hurt our forum, the forum of people working hard to overcome beaurocratic shortcomings and hurdles

[Boiler 43,864]

The NYC DMV web site lists documentation you would need to get a Drivers License.

Do not drive if you can not renew.

VAWA requires physical evidence - Police reports for example. Child support has nothing to do with VAWA.

CoR requires firstly you to be in deportation hearings and then to show extreme and unusual hardships.

You are not in the former and I see no mention of the later.

[SingleDad2usc 71]

Boiler is correct on all counts: like I said on previous page, it appears I'm in for status-quo right now. Sadly, it looks like until past-elections...

[Boiler 43,864]

What elections?

Nothing on the horizon that will change anything.

[SingleDad2usc 71]

thinking is: Immigration reform can't even be floated as a subject, let alone acted upon - in election year. But no matter who wins, the subject may be coming back on agenda

[belinda63 2,990]

I'm out, he is trying to find an answer that doesn't exist. He is not here legally, has a snowball's chance of being allowed to become legal, and all he is worried about is getting a driver's license. No concern about what will happen if he is placed in proceedings, no worry about what will happen to the children (physically, mentally, or emotionally) if this happens. All he wants is to continue his free ride on the backs of his USC children with all the benefits they are receiving....yes I have been a single parent, have been involved with social services, have had children with asthma, etc. been there and still didn't expect a free ride.

[Boiler 43,864]

Obama could have if he wanted to but no longer has the votes nor is likely to ever.

GOP, doubt that would be anywhere near the top of their Agenda

[Bumbo1 1]

Some of REAL queries:

1. to reduce odds of "trouble" - how do I renew DL?

2. VAWA: does abuse before offender's LPR count?

3. VAWA: if physical abuse (resulting in conviction) occured before offender's LPR, but only verbal threats to do the same occured after LPR - does it fly?

4. VAWA: how much does weight increase in case of proven abuse of children, on top of spouse

5. VAWA: is fraudulent avoidance of CHILD SUPPORT (which threatens Criminal Prosecution in Perpetrator's mind) given weight in arguing the verasity of current VERBAL ABUSE

6. To illiminate statistical inaccuracy, are there material practical differences between overstay situations in NYC vs. elsewhere?

7. My behavior is like same of the most perfect citizen - but what BULLET POINTS do immigration officers and judges prefer: e.g. documented instances of helping not just own family but the OTHERS as well, community volunteering, acts of bravery, press clippings, awards, character references from officials, from well known people, etc.

8. Does non-filing of Tax Returns matter: IRS exempts many persons from filing; people in fact forego tax BENEFITS if don't file

9. How can ACS and preventive agencies involvement help?

These are just some questions that come to mind. I find discussions can increase your knowledge more than pricey attorneys.

I think these are great questions but your case doesnt fit the VAWA app in a traditional sense, so while discussions have helped you narrow your questions, I think these specific questions require an expert response. As for the VAWA app requirements, of the several criteria there are, 2 being extreme hardship and good moral character, are part of the requirements but will not in and of themselves grant you legal stay, you still need to meet the other requirements -there is no "good guy with a difficult life" visa. I would also note, that while you have been a person of good moral character in your community, you have also made the choice to disregard the federal immigration rules which isnt good(not trying to be mean)- although I believe if an VAWA case is approved this is all forgiven.

My concern is the scenario in which you would file a VAWA, it seems to me that the abuse you (and/or your children) suffered was as an illegal immigrant at the hands of an illegal immigrant (who became legal, but not LPR in 2002). Which technically is not covered by the VAWA, it seems as though you are hoping that because she may have later gained LPR/USC status that now (rather than previously) gives you the right to file. Which I must admit gives me reason to pause. Under this scenario wouldnt alot of people who were married to non-LPR/USC abusers whose current/ex-spouse later gained LPR/USC status in their own right would then, after years apart (married or not) claim the right to stay now legally based on these past events, just because now 'fortunately' the abuser gained LPR/USC?? - This doesnt strike me as the purpose of the VAWA. Please correct me if I am wrong in my facts of your situation.

Please understand that while you do not approve of peoples judgement of you, it is hard for those who have gone via the legal channels and felt the painful seperation from their loved ones,to put this aside when a person who is illegal but is trying now to do the right thing (get legal) for seemingly the wrong reasons (DL). The immigration process is an emotional rollercoaster, so I believe it is worth you being understanding of this and take some negative comments with a grain of salt. Yes, ideally we would put all this aside and stick to the facts, but even you have responded to your attackers (as you have a right to do) beyond the issues at hand - we are all human.

P.s. As for hoping for a new amnesty bill, its HIGHLY unlikely and not (as a scientist) something I believe you would be hoping on. Since there is no solid evidence to support the real liklihood of this happening. When ever it is brought up it is often during an election season to sway voters and never a real claim.

Edited July 8, 2012 by Bumbo1

[Sweetcheeksss 91]

Here's some stats for your statement above "2. parents of USC are deported all the time - zero statistical data in this statement"

"Between January and June of 2011, the United States carried out more than 46,000 deportations of the parents of U.S.-citizen children, according to previously unreleased federal data obtained by Colorlines.com’s publisher, the Applied Research Center. The figures reflect a striking increase in the rate of removals of parents and raise serious concerns about the impac't of these deportations on children, many of whom are left behind. The data on parental deportations does not reveal how many children each of these parents had, or whether their children remained in the U.S. or left with their mothers and fathers. However, the Applied Research Center has also found a disturbing number of children languishing in foster care and separated from their parents for long periods. After a year-long national investigation, we estimate there are at least 5,100 children in foster care who face barriers to family reunification because their mother or father is detained or deported. That number could reach as high as 15,000 in the next five years, at the current rate of growth."

*** Edit - double post ***

Edited July 8, 2012 by Sweetcheeksss

[Adriene H 89]

2. parents of USC are deported all the time - zero statistical data in this statement

My husband is the father of an 18 year old USC.

He was deported from the USA in 1996 for misdemeanor possession of meth.

The mother of his child ran off tweaking the first 2 years of the child's

life and the grandmother cared for the child. He hasn't seen his child

in person for 16 years.

Does this change your 'statistical data' any?

[del-2-5-2014 1,339]

I've watched some documentaries on immigration where the Fathers of USC children have been deported this was as late as in 2010.

[AmyWrites 593]

Lol, don't even think you can DIY this. We're very pro-DIY here, but if I've read of one case where there's no alternative except getting a lawyer, it's yours. And if I've seen any site that is (rightfully) more anti illegal immigration, it's yours. I mean feel free to risk it however you wish, we all have the right to shoot ourselves in the foot, even if it's not a genius idea.