My daughter is illegally in Canada

[mymom1804]

My daughter overstayed her visa, thought if she got married she could gain duel citizenship, the relationship fell apart and they are separated. She likes Canada and wants to remain there but her brother is sick and she wants to come home to see him and if she leaves she thinks they will ban her for 10 years and so she doesn't know what to do and I need to get her home. She has been there for 9 years, and didn't research things first. I need to know how to get her home with an expired visa and passport and how she can do it without going to jail, or getting banned from Canada. She isn't in the best situation and doesn't have hardly any money and with our son being sick his medical costs have our income is at poverty level and so we can't help. I need to know what we can do or the steps needed to be taken. Please and Thank you
Sincerely,
Mom in need

 

[scylla]

My daughter overstayed her visa, thought if she got married she could gain duel citizenship, the relationship fell apart and they are separated. She likes Canada and wants to remain there but her brother is sick and she wants to come home to see him and if she leaves she thinks they will ban her for 10 years and so she doesn't know what to do and I need to get her home. She has been there for 9 years, and didn't research things first. I need to know how to get her home with an expired visa and passport and how she can do it without going to jail, or getting banned from Canada. She isn't in the best situation and doesn't have hardly any money and with our son being sick his medical costs have our income is at poverty level and so we can't help. I need to know what we can do or the steps needed to be taken. Please and Thank you
Sincerely,
Mom in need

Where is she from?

She will not be banned from Canada for her overstay. The US has 10 year bans for overstays - Canada does not. Having said that, it may be quite difficult for her to return to Canada in the future.

She needs a valid passport to leave Canada. Once she has a valid passport - she can simply buy an airline ticket and leave. She should speak to the consulate / embassy for her country in Canada to find out how to get a renewed passport or an emergency passport or a temporary travel document that will allow her to leave Canada.

 

[mymom1804]

Thank you for your feedback, she is a U.S. citizen, but she doesn't have her birth certificate or her social security card to prove she is a U.S. citizen other than her expired passport

 

[scylla]

Thank you for your feedback, she is a U.S. citizen, but she doesn't have her birth certificate or her social security card to prove she is a U.S. citizen other than her expired passport

She can apply for a new US passport from within Canada using her expired US passport.

If she plans to re-enter the US through a land border crossing, she will most likely be allowed back into the US with the expired passport. However best option is to renew her passport before she travels.

 

[mymom1804]

She can apply for a new US passport from within Canada using her expired US passport.

If she plans to re-enter the US through a land border crossing, she will most likely be allowed back into the US with the expired passport. However best option is to renew her passport before she travels.

Thank you this helps a lot