I am writing on behalf of a couple I am aware of who are going through some tumultuous issues in their relationship. They have a four year old son with autism. The father is from the US, but his visitor visa and passport have all expired. He stayed in Canada to stay home to care for the child, a stay-at-home dad and sole caregiver to the child, while the mother worked to support them. He never worked illegally, he only wanted to stay to care for his son. Now that their relationship is deteriorating and custody is becoming an issues, what steps could this man take to either A) ensure that he can still see his son and B) is it too late to apply for amnesty and begin a residency process or apply for any other temporary immigration status?
American living illegally in Canada, custody
- Thread starter concernedfather
- Start date
If he wanted to stay, he should have had his wife sponsor him for PR and then he would not be in this situation.
Now that he is, he can apply to renew his passport through a US embassy in Canada. After that he needs a lawyer. I am not sure what he would be able to apply for.
Now that he is, he can apply to renew his passport through a US embassy in Canada. After that he needs a lawyer. I am not sure what he would be able to apply for.
I am not sure if attempting to get a new passport would trigger any action regarding removal or not but he needs to get his passport in order regardless in case he ends up facing removal. It sounds like he could try for H&C, to remain on behalf of the best interests of the child. Of course the custody issues will effect that but if he has an H&C application in place, it could have an impact on the custody and the reverse as well, requesting custody could have an impact on his H&C application.
He needs to renew his passport; it's going to be difficult for him to re-enter the U.S. without it. He can renew his passport by mail from Canada if his passport is undamaged, was issued when he was 16 or older, was issued in the past 15 years, and his name has not changed since his last passport was issued or he can show legal documentation of his name change.
It sounds like his passport could have been issued as long as 14 years ago, so he should hurry up and renew it if it was issued before 2000.
If he needs an expedited renewal he may have to go to a consulate.
It sounds like his passport could have been issued as long as 14 years ago, so he should hurry up and renew it if it was issued before 2000.
If he needs an expedited renewal he may have to go to a consulate.