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  1. #1

    Exclamation Options for an Undocumented Canadian Citizen Brought Into the U.S. as a Child

    Hi guys! thank you so much for taking the time to read about my predicament. You're time is much appreciated.

    The gist of the story is that my mother (who was a naturalized U.S. citizen at the time, but was naturalized after my birth) brought me to this country with her from Canada at the age of 3...that would be back around '97 or '98..On January I will be 21 years old. She brought me here without inspection, no passport, no green card, no nothing. I think she took a bus to buffalo and then flew to where I'm currently residing.

    I know that I should have left the country before turning 18, but that's alot easier said then done. Canada is a country I don't really know, and I'm still struggling to financially stand on my own two feet, so I couldn't have imagined trying to start a new life in a country pretty foreign to me.

    I would have loved to benefit from the Child Citizenship Act of 2000, but because of my mother's choice to bring me here with no green card that seems impossible.

    It aggravates me that it doesn't seem to be of too much concern to her, because she lives comfortably here as a U.S. citizen, while nothing is certain for me. Her and my step-father seem to believe that I'm an "adult now" so all of a sudden the responsibility should move to me. I do not believe that I can afford an immigration attorney. And because of the apparent obscurity of my situation noone seems to really be able to offer me much help. What should I do? It KILLS me that the only thing between me and being a U.S. citizen is a decision my mother made over 17 years ago!!

    Also, do I have a lawsuit here? I believe that she should be liable to assist me with this.

    Thank you guys!

  2. #2
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    Default Re: Options for an Undocumented Canadian Citizen Brought Into the U.S. as a Child

    Of course there's no lawsuit there. She's not liable for your choices.

    You need to speak to an attorney.

  3. #3

    Default Re: Options for an Undocumented Canadian Citizen Brought Into the U.S. as a Child

    Thanks for the reply, and I really feel that her bringing me here at 3 years old wasn't much my choice? And it was an illegal action. She raised me in a country where I could not live comfortably or work. There was no way I would've had money to leave the country at 18, I didn't even really know about my situation until I was quite a bit older..16 maybe? If I pay for this attorney, I will lose money, if I pay to re-new deferred action..I will lose money. If children can sue their parents for college tuition and win I don't understand why I wouldn't have a case? She should have to pay up for part of the attorney fees no?

  4. #4
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    Default Re: Options for an Undocumented Canadian Citizen Brought Into the U.S. as a Child

    Speak with a community service group with immigrant assistance like Catholic Charities or Lutheran Relief for assistance based on ability to pay.

  5. #5

    Default Re: Options for an Undocumented Canadian Citizen Brought Into the U.S. as a Child

    Thanks so much T5! I appreciate the assistance. I will definitely look into it.

  6. #6
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    Default Re: Options for an Undocumented Canadian Citizen Brought Into the U.S. as a Child

    Quote Quoting BrandingForTomorrow
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    Thanks for the reply, and I really feel that her bringing me here at 3 years old wasn't much my choice? And it was an illegal action. She raised me in a country where I could not live comfortably or work. There was no way I would've had money to leave the country at 18, I didn't even really know about my situation until I was quite a bit older..16 maybe? If I pay for this attorney, I will lose money, if I pay to re-new deferred action..I will lose money. If children can sue their parents for college tuition and win I don't understand why I wouldn't have a case? She should have to pay up for part of the attorney fees no?
    Paying for college tuition isn't even close to you remaining here after you reached adulthood.

    You don't even have a case against your mother. On the plus side, that means you won't have to pay her legal fees.

  7. #7
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    Default Re: Options for an Undocumented Canadian Citizen Brought Into the U.S. as a Child

    Quote Quoting Dogmatique
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    Paying for college tuition isn't even close to you remaining here after you reached adulthood.

    You don't even have a case against your mother. On the plus side, that means you won't have to pay her legal fees.
    I am not sure that I agree that he doesn't have a case against his mother. I know it sounds bizarre but apparently she became a US citizen while he was still a minor and she certainly could have done SOMETHING to change his status while he was still a minor...she basically left him swinging in the wind.

    Obviously its a case that would not have any real precedence (at least I don't think so) but I am not sure that its impossible as a tort.

    Of course a tort case against his mother wouldn't give him standing for a green card, but it might give him funds to either start over again in Canada or funds to mount an immigration case in the US.

    I honestly have an enormous amount of sympathy for people like him. People who were brought to the US as small children and know nothing more than living in the US. If I had my druthers they would all be given automatic US citizenship. I cannot imagine those children being told that they had to move to another country because they turned 18.

    In this particular instance I feel even more strongly. Mom became a US citizen and honestly COULD have resolved her child's issue while her child was still a minor. The fact that she chose not to do so is disgusting.

  8. #8
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    Default Re: Options for an Undocumented Canadian Citizen Brought Into the U.S. as a Child

    If the attorney confirmed facts pursuant to which you qualify for relief under the Child Status Protection Act (CSPA), then you should try to pursue relief under that act.
    Quote Quoting llworking
    View Post
    I am not sure that I agree that he doesn't have a case against his mother. I know it sounds bizarre but apparently she became a US citizen while he was still a minor and she certainly could have done SOMETHING to change his status while he was still a minor...she basically left him swinging in the wind.
    A parent has no duty to naturalize a child, even if it's possible, which would seem to rule out any negligence action.

    Also, the discretionary act of choosing whether or not to naturalize a child would normally fall under parent-child immunity. The scope of that immunity could vary according to state law. There could also be a statute of limitations issue, depending on state law.

    Further, if the person were from a nation that does not recognize dual citizenship, such that U.S. naturalization cost them their foreign citizenship, under your proposed theory the parent could be potentially liable for not naturalizing the child while by the same logic also being potentially liable for naturalizing them and causing them to lose their foreign citizenship and right to live in their nation of origin if they later wished to do so. Damned if you do, damned if you don't.

    It would be pretty easy for Congress to address this type of situation and to provide a mechanism for the minor to self-petition within a reasonable time after reaching majority, if it were inclined to do so.

  9. #9
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    Default Re: Options for an Undocumented Canadian Citizen Brought Into the U.S. as a Child

    Quote Quoting llworking
    View Post
    I am not sure that I agree that he doesn't have a case against his mother. I know it sounds bizarre but apparently she became a US citizen while he was still a minor and she certainly could have done SOMETHING to change his status while he was still a minor...she basically left him swinging in the wind.

    Obviously its a case that would not have any real precedence (at least I don't think so) but I am not sure that its impossible as a tort.
    See Mr KIA's answer.

    Of course a tort case against his mother wouldn't give him standing for a green card, but it might give him funds to either start over again in Canada or funds to mount an immigration case in the US.
    See above.
    I honestly have an enormous amount of sympathy for people like him. People who were brought to the US as small children and know nothing more than living in the US. If I had my druthers they would all be given automatic US citizenship. I cannot imagine those children being told that they had to move to another country because they turned 18.
    I also feel pained when I read about these cases. But that doesn't mean there is any action against your parent for not doing anything. I can think of a few reasons why we don't make it automatic - and they are really, really, good reasons. You and I know each other pretty well, and we agree on many things so I think you'll understand why I don't want to list those reasons.

    I totally forgot where I was going with this. Awkward.

  10. #10
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    Default Re: Options for an Undocumented Canadian Citizen Brought Into the U.S. as a Child

    I gave you the answer. Apparently Admin felt it bordered on suggesting you violate the law. I will provide you with a government link and leave it at that. As others suggested see Catholic charities and have a long talk with mom.
    http://www.uscis.gov/family/family-u...nent-residents

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