Legal Question in Immigration Law in Texas

I am a Canadian who overstayed in the US. Due to a storm back in 2002, I lost most of my IDs except for an expired Canadian Certificate of Citizenship and a now expired U.S. driver's license. I cannot get a new driver's license here in the US because the state agency requires proper Canadian ID documents which I do not have and when I try to apply for a Canadian replacement passport, I cannot provide any valid government issued photo ID from the US side. I'm stuck in the US. How can I obtain proper ID?

Asked on 8/19/14, 4:08 pm

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

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I cannot see that you would get a driver's license without proof of legal status in the United States. However, I have never heard of a foreign Consulate refusing to re-issue a passport to one of its citizens who has lost theirs.

Please keep in mind that since you have accrued so much unlawful presence, you will be barred from re-entering the country for 10 years if you depart now. However, you are not eligible for an immigrant visa or non-immigrant visa, aside from marriage to a U.S. citizen. Also, you are at risk of Removal, & cannot lawfully work in the U.S.

Thus, you have many issues to think about in your situation.

Answered on 8/20/14, 8:28 am

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