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Oh I was born in Canada, but am in the US illegally. Want to come home and just want to be sure I am aware of any issues I may encounter when I do
If you were born in Canada and can prove it then you shouldn't have any major issues returning to Canada. You won't be going through US border or dealing with US authorities upon your return, you will be dealing with Canada border and Canadian authorities.
Oh I was born in Canada, but am in the US illegally. Want to come home and just want to be sure I am aware of any issues I may encounter when I do
OP, this might be simple. You have expired Canadian ID? Why not go to the local Canuck embassy, and see if they can help? You're not breaking Canuckian laws by being in the US illegally, only US ones. So...it might work. Can you have a copy of your birth certificate mailed to you in the US? You'll need a way to prove that you're really a Canuck, rather than a Yank pretending to be an illegal Canuck in distress.
You might not be able to get back into the US though, but leaving they have no problems with you leaving the US
Border controls worry about people coming into the country, not leaving it
Unless of course the person has been working, getting paid and NOT filing income tax statements in EITHER country. Then the U.S. could very well be interested in having him stay......perhaps after prosecuting him.
The law is clear if ganering income without declaring it, paying appropriate tax on it and determining which country you've established a "closer connection".
OP, this might be simple. You have expired Canadian ID? Why not go to the local Canuck embassy, and see if they can help? You're not breaking Canuckian laws by being in the US illegally, only US ones. So...it might work. Can you have a copy of your birth certificate mailed to you in the US? You'll need a way to prove that you're really a Canuck, rather than a Yank pretending to be an illegal Canuck in distress.
Not so fast! Where has he been deriving income for the last two years to support himself? In which country has he paid tax on that income?
It occurs to me that the OP might be a young adult who was taken to USA by Canadian parent(s) who have remained there illegally after their allowed time expired. I know of a few instances where this has happened and there's even been a couple of posts on this forum by young people with similar circumstances who wanted to return alone to Canada but didn't know how to go about it without causing trouble for their parents.
If you were born in Canada, just have a copy of your birth certificate mailed to you in the USA. Present that at the Canadian PoE, along with whatever other identity documents you have. I can't see where they would make any fuss. How long ago did your Canadian drivers license expire, or other photo ID?
Or, use your BC and tell them that you were staying with friends, and all your stuff got stolen, including all ID and documentation.
Be aware that question might come up from either side. One side concerned due to you perhaps working but not claiming income or filing IRS and the other side because it could be assumed you haven't filed with CRA while away and they might think that's odd........perhaps.
The two countries have had a long standing agreement that supports income attachments on unpaid taxes once closer connection for one country is established and it can be proven you've earned income without paying taxes on it in either country.
The requirement to fill out a form 8840 with IRS declaring a closer connection is number of days you've been in the U.S. for current twelve month period, plus 1/3 of days for prior 12 month period, plus 1/6 of days for the year prior....if that totals 163 or more days You were obligated by law to file that 8840 to show you had a closer connection to Canada with proof of properies owned with applicable taxes paid, any and all bank accounts in Canada, proof of paid income taxes in Canada on any income earned there etc., etc.
IF none of the above satisfies the IRS ...they can and will apply with cooperation from Canada to attach any and ALL Canadian income earned, indeed from any sources other than the U.S. until they are satisfied any outstanding taxes owed have been paid in full.
Most of the above is predicated upon you getting hung up on the AMERICAN side, so keep it cool while crossing however you choose to do so.
It's good that you're asking questions but it might be helpful if you could be more forthcoming about your circumstances and stop being so evasive. What do you mean when you say self sufficient? Was somebody else supporting you? Or were you living homeless in a tent in the mountains and wild foraging for your food?
You said that you are not holding a valid passport and most of your ID has expired. Does that mean that you never had a valid passport and entered USA illegally? What kind of ID did you have? Was it valid ID or was it false ID? Do you have your birth certificate or any kind of valid ID to prove that you were born in Canada?
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