JaJo

I agree with Fwaguy. If it comes up at the interview, just tell the truth. Be prepared to show solid proof of your relationship and I think you'll be fine.
Good luck

Yep, I know. I'm just trying to get the OP to admit it. Really, he just wants to live in NYC and can't put on his big-boy pants to do what's best for his kids. Because, seriously, NYC? Gross, dirty, polluted. I can't think of a worse place for a kid with asthma

Even if VAWA were a possible path I think the length of time that has passed would make any claim very hard to approve. So you can marry a US citizen and adjust status, wait until one of the children becomes 21 and have them file for you, or continue to live here illegally. If you want a driver's license you will have to move to a state that does not require you to prove you are here legally.

It's really quite simple, HE WANTS TO LIVE IN NYC. The kid is just an excuse for him to not move to the place where he can legally live, work and provide a better life for the kids.
I'm moving a deaf autistic child 1,000 miles in 3 weeks. He'll have trouble adjusting to the new environment (going from the suburbs of Chicago to Savannah Ga) and we'll have to find all new service providers for him but after we've all adjusted it will be better for not only the kids but the family as a whole.

Or that Canadian citizens weren't required to present a Canadian passport to enter the US in 2000. If I remember correctly, that change was made in maybe 2009?

Everybody gets that you don't want to go to Canada but until you get competent legal advise telling you, that there is a path to legal residence in the USA, Canada may be your only option for legal residence and work authorization. It may be that if you wish to remain in the USA, it will be outside the law and without a driver license.

I think quite a few missed this post.

I'm starting to wonder whether he actually does have Canadian citizenship at all. It just makes no sense to any reasonable person to even just entertain the thought (Prime Minister with a gun to his head and not going? you've gotta be kidding me). If he had say, Russian citizenship (considering their winters), I would understand more. Although I don't know why he would lie in the first place.
But then again, we have heard crazier things than this before on VJ...
edit: Also, yeah, why don't you guys move to a warmer climate in the US if you are so concerned about his health, like Florida? If it's too hot, there certainly better climates than NYC like the Pacific Northwest...too many things don't add up here.

I agree. It's not like life in Canada means a different language or a dissimilar culture, so I'm just as stumped as everyone else.
The OP is not only reluctant to consider Canada, but Florida as well (although it appears the family winters there), which is odd considering the health issues of one of the children.
OP, is it that you can't return to Canada?

I grew up in Toronto, also had asthma, and also experienced New York winters in my childhood. There is at least NO difference or as several others have said here, overall better conditions in Toronto and definitely in BC than NY. VJ'ers here are knowledgeable, helpful, sincere folks with a good heart, but you are being emotionally stubborn against their well thought out advice. It's a NO BRAINER to take your family to settle in Canada in the best interest of your 2 children, if you care for them as much as you say. You've aparently gone through so much hardship and sacrifice for the sake of your children and now, you're not willing to move them to a good environment and safe from outcomes that might tear your family apart??? Something doesn't add up here. I wasn't born yesterday, so don't waste these good VJ'ers' time any more.

An I-94 is given when a person enters the USA. To "enter" you must first leave. You cannot obtain "legal" entry from "inside". You cannot obtain evidence of legal entry because you did not enter legally anytime in the last six months.

You have turned your chldren into tools to justify your illegal stay in the US. Would your children suddenly get healthier if you had a green card? You mentioned you weren't born in Canada so there is a 3rd maybe warmer country the children could go to ? If you are unable to work legally what kind of life are the 3 of you living, it would seem to me the sicker the children the better your quality of life. There is illness where parents cause their childrens suffering for their own advancement, cold other than extreme cold should provide relief to asthma as it gets rid of most of the air born irratants. Munchausen by proxy come to mind with what I am hearing. You should be worried about what country has to best job outlook for you. It isn't the US as you can't work legally. You should be providing for your children not the other way around.

I spent 10 years as a single father and not once did I use them as an excuse to break the law.
You claim the 9 year old can't live in Canada because of the cold climate yet you live in New York with all of the pollution and cold winters, I guess Canada doesn't have heating in the winter?
What kind of example are you setting for your children? Break the law when it works for you because you can get away with it... If the kids can survive NYC then why can't they survive Toronto, I would guess only because you want to live in the US.
If you really cared about what's best for your kids you'd move them to the place where you could actually work to support them and set a good example as a parent instead of being selfish & childish complaining about how bad your situation is. Get divorced, move to Canada and be a good Dad to your kids.

Then what you have written tells me, you donot have sole custody of these children. You are still under the courts direction regarding custody of these children. If you have sole custody of your children, NO one can stop you from removing them out of the country.
Again, as I said before there are more missing pieces to this story.

Your children "won't leave NYC"??? A 9 year old and an 11 year old should not be dictating to a parent --> it works the other way! Yes, adolescents may whine and gripe, but *you* are the person in charge, not them. My Dad is career military. Did I whine and cry about moving to a new state every couple of years throughout the entirety of my childhood? Of course I did! My little sister in particular had her raring tantrums about it too. But we went, anyway.
I'm sure the feds will have this on their record if you get deported. They do.not.care. about you or your circumstances: only if you can prove a viable pathway to permanent residency. I hope you'll be able to find a way to stay here, but you may NOT have a choice in the matter. If your children can't stand the thought of having someone else in their life, then your path is clear to make plan B JUST IN CASE. I don't understand why you won't make contingency plans on a very real possibility. Surely it's worse to be deported and not have your kids just because they don't have their passports yet? What does it hurt for them to own passports of both countries?

Those children will never loose their USC so I don't understand your point on that, but you as the parent cannot be counter productive for them. You will always be looking over your shoulder. So yes that is selfish that they have to constant live in fear and disarray because you as the parent have legal issues of being in the US.
The only issue I can see what makes this bigger than a bread box, is the money being received thru the government for the welfare of these children. I could be wrong on this aswell, you may be financially stable without aid.
I doubt the wife(mother) has obtained her USC, so that is probably a non-issue.

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.
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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.

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:

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?

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.

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:

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.

Another votes to go home.

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.