You 'may' qualify for a waiver. To be certain you need to meet with a US-licensed immigration attorney and have him/her review your court papers. There are several in Canada, or many of us use Skype and location isn't important.
If he is under 30 ... there is a possibility of him getting papers from Obama's new program.
Meet with an immigration attorney as soon as possible.
Franco Capriotti - Senior Legal Counsel & Former Professor of Immigration Law - Capriotti International Law - firstname.lastname@example.org
Our services are not limited by State, nor International bounderies. Our licenses allow us to represent people worldwide....
Oregon ID/DL ... apartment lease, or property ownership ... firm employment ... are just a few ways to show the re-establishment of domicile.
Talk to an attorney in private to explore other types of evidence.
Consultations by Skype are available ... so you need not travel to 'meet' with an attorney.
Mr. Shusterman is correct ...you're already playing the wrong 'game' if you are trying to prove bona fides to a judge.
Hire a lawyer ... you're in over your head and this is too serious to learn-as-you-go.
You have BIG PROBLEMS.
It is against the law for a child in the US on an ESTA Visa Waiver to attend public schools.
To attend a public school is an immediate violation of the ESTA program.
This uncle could be making things worse by filing an application that has a 100% chance of denial.
Have him stop filing papers and meet with an attorney.