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    thea1981's Avatar
    thea1981 Posts: 10, Reputation: 1
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    #1

    Jul 27, 2008, 11:46 AM
    What Would Happen If Found In Canada As An Illegal Alien?
    My Daughter's Father entered Canada at the age of 8 years old. He is now 32 years old and in Canada as an Illegal Alien from the USA. He has no status here whatsoever and has never been back to the USA ever since. I haven't been in contact with him for the past 2 years. If he was found by Canadian Governments (Immigration) of his living here illegally, what can possibly happen to him?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 27, 2008, 12:06 PM
    Quote Originally Posted by thea1981
    My Daughter's Father entered Canada at the age of 8 years old. He is now 32 years old and in Canada as an Illegal Alien from the USA. He has no status here whatsoever and has never been back to the USA ever since. I haven't been in contact with him for the past 2 years. If he was found by Canadian Governments (Immigration) of his living here illegally, what can possibly happen to him?

    Minimally he will be removed from the Country and "deported" back to the US -

    How is he working without Canadian ID and/or permission to work? Depending on what he's doing it could be fraud.

    Are you sure he didn't go to Canada with his parents under some sort of "parent/child" immigration - ?
    thea1981's Avatar
    thea1981 Posts: 10, Reputation: 1
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    #3

    Jul 27, 2008, 12:32 PM
    Quote Originally Posted by JudyKayTee
    Minimally he will be removed from the Country and "deported" back to the US -

    How is he working without Canadian ID and/or permission to work? Depending on what he's doing it could be fraud.

    Are you sure he didn't go to Canada with his parents under some sort of "parent/child" immigration - ?

    Thank You for your quick response. From as long as I've known him, he have always been working for "cash under the table".
    To my knowledge, his father remarried to a Canadian woman. He brought his two kids with him into Canada as visitors. They both have no status here. What will Happen?

    I ask this because if I went through court for sole custody of our daughter and they end up finding him in Canada, will he get deported back to the states?
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
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    #4

    Jul 27, 2008, 01:16 PM
    Quote Originally Posted by thea1981

    I ask this because if I went through court for sole custody of our daughter and they end up finding him in Canada, will he get deported back to the states?
    What is his nationality? If he has no legal status in US, deportation will be made to country of origin... not US.

    You can file for sole custody, if he disappear for a certain period without contacting you and the child or paying child support, you will get sole custody without any difficulties.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jul 27, 2008, 01:20 PM
    Quote Originally Posted by lawanwadee
    What is his nationality? If he has no legal status in US, deportation will be made to country of origin... not US.

    You can file for sole custody, if he disappear for a certain period of time without contacting you and the child or paying child support, you will get sole custody without any difficulties.


    Hmm - when she said illegal alien from the US it never occurred to me that maybe he passed through the US on his way to Canada from some other Country. Figured it was his "country of origin."

    Need that info.
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    thea1981 Posts: 10, Reputation: 1
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    #6

    Jul 27, 2008, 01:20 PM
    Quote Originally Posted by lawanwadee
    What is his nationality? If he has no legal status in US, deportation will be made to country of origin... not US.

    You can file for sole custody, if he disappear for a certain period of time without contacting you and the child or paying child support, you will get sole custody without any difficulties.


    Thanks!

    He is an America-born. No child support, no court orders pertaining to custody. Haven't heard from him for at least two years now. Before he would see her twice or three times a month if she's lucky.
    TOPOGGAN's Avatar
    TOPOGGAN Posts: 9, Reputation: -1
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    #7

    Jul 28, 2008, 12:26 AM
    Quote Originally Posted by thea1981
    My Daughter's Father entered Canada at the age of 8 years old. He is now 32 years old and in Canada as an Illegal Alien from the USA. He has no status here whatsoever and has never been back to the USA ever since. I haven't been in contact with him for the past 2 years. If he was found by Canadian Governments (Immigration) of his living here illegally, what can possibly happen to him?
    Hi there. This adds some enlightening information to the situation in your other post.
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    TOPOGGAN Posts: 9, Reputation: -1
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    #8

    Jul 28, 2008, 12:30 AM
    Do you have a copy of your husband's US passport, or other identification proving that he is an American. It is also very important, just because he is an American, does not mean you can take your child out of Canada to the USA. You could report that he was illegally in Canada when you last saw him and now his whereabouts are unknown. This should get you something from the court to allow you to travel. Also, if you can show you plan to return to Canada, there should be no problem. Still go for the custody papers. It should be cheap and easy because he is not around to argue with you. He can fight it later on but that would be at his expense.
    TOPOGGAN's Avatar
    TOPOGGAN Posts: 9, Reputation: -1
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    #9

    Jul 28, 2008, 12:31 AM
    Quote Originally Posted by TOPOGGAN
    Hi there. This adds some enlightening information to the situation in your other post.
    I don't understand how an American can be an illegal alien from the age of 8. If he has had no trouble with the law, he should be able to resolve this. But it would take a savy lawyer to help him out.
    thea1981's Avatar
    thea1981 Posts: 10, Reputation: 1
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    #10

    Jul 28, 2008, 09:57 AM
    Quote Originally Posted by TOPOGGAN
    Do you have a copy of your husband's US passport, or other identification proving that he is an American. It is also very important, just because he is an American, does not mean you can take your child out of Canada to the USA. You could report that he was illegally in Canada when you last saw him and now his whereabouts are unknown. This should get you something from the court to allow you to travel. Also, if you can show you plan to return to Canada, there should be no problem. Still go for the custody papers. It should be cheap and easy because he is not around to argue with you. He can fight it later on but that would be at his expense.
    Me and him were never married. Does that help a bit?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Jul 28, 2008, 10:01 AM
    Quote Originally Posted by thea1981
    Me and him were never married. Does that help a bit?


    Is he the known father, has paternity been established?
    thea1981's Avatar
    thea1981 Posts: 10, Reputation: 1
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    #12

    Jul 28, 2008, 05:35 PM
    Quote Originally Posted by JudyKayTee
    Is he the known father, has paternity been established?
    He is the biological father.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #13

    Jul 28, 2008, 05:55 PM
    How did he go to school in Canada if he's illegal? Are you sure he's not a landed immigrant? He might not be a Canadian citizen, but that doesn't necessarily make him illegal.

    In order to go to school here, you have to show proper documentation, a birth certificate and proof of immigrant status or citizenship if Canada is not your birth country. That's what my parents had to do, as I am a landed immigrant in Canada.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #14

    Jul 28, 2008, 06:43 PM
    Quote Originally Posted by thea1981
    He is the biological father.

    You are asking a legal question and whether he is the legal father (not the biological father) is important.

    If paternity has never been legally established you do not need the permission of the father - because there is no legal father.
    thea1981's Avatar
    thea1981 Posts: 10, Reputation: 1
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    #15

    Jul 29, 2008, 08:10 AM
    Quote Originally Posted by Altenweg
    How did he go to school in Canada if he's illegal? Are you sure he's not a landed immigrant? He might not be a Canadian citizen, but that doesn't necessarily make him illegal.

    In order to go to school here, you have to show proper documentation, a birth certificate and proof of immigrant status or citizenship if Canada is not your birth country. That's what my parents had to do, as I am a landed immigrant in Canada.
    According to what he had told me, he has no status whatsoever. When I questioned him about what proper documents he had for school, he said "I don't know how my father did it. He took care of everything because at the time, they didn't ask for too much documents." He was at first living in Brantford, ON.
    Goji's Avatar
    Goji Posts: 1, Reputation: 1
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    #16

    Sep 27, 2013, 05:37 PM
    He HAS (not have) been working... wrong English grammar... must be singular.

    Americans cannot speak and write correct English so legal or illegal must all be deported back to the States.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #17

    Sep 27, 2013, 05:45 PM
    Quote Originally Posted by Goji View Post
    He HAS (not have) been working....wrong English grammar...must be singular.

    Americans cannot speak and write correct English so legal or illegal must all be deported back to the States.
    First, this thread is from 2008! Second, what advice did you offer, other than a spelling lesson?

    Also, it's obvious that English isn't your first language, as your post isn't written correctly either. Does that mean you'll be deported?
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