RN's desire to move to the States with family, but spouse has a criminal record

[ambitious-student rn]

Hello, fellow nurses and soon-to-be nurses:

I am currently in my 4th (final) year of nursing school and life has not been peaches and cream for me during these past few years. I am writing this post in hopes to receive some insight on whether or not I will be able to apply for a TN Visa or an H-1B Visa after graduation. There are plenty of obstacles along the way, which I am definitely aware of, but planning ahead is never a bad thing. From my understanding, I will need to take the NCLEX-RN exam, find a job at my prospective State (California), and then apply for a TN Visa or an H-1B Visa. I, also, have children so they will be applying as my dependents, and this includes my husband.

Here is where things get a little bit complicated. During my first year of nursing school, my husband and I were sort of drifting off due to various reasons. We ended-up living our separate ways, but we maintained our responsibility and devotion towards our children. That being said, my husband self-medicated himself with alcohol and drugs in order to deal with his emotions. I have tried to reach out to him many times so that he can get the help that he needs, but he continued to refuse. He surrounded himself with the "wrong-type" of crowd, which led to more devastating outcomes - lost of employment, continues to abuse drugs and alcohol, and then he was caught for drug trafficking. People may think that I am one nutty-nurse for giving my husband a second chance, but he has done more good than bad in our 10 years of marriage. Things are definitely not the same, but he continues to maintain abstinence from drugs and alcohol. We are also doing couple's counseling twice a month, and I find this extremely helpful during this process. I am not saying that everything is perfect for us now, although things are better and I am hopeful for my family's future!

Some questions that I have:

Will I be able to apply and work in the States knowing that my husband has a criminal record?

Does customs and immigration ask questions regarding my husband's criminal record during the application process?

If there is anyone who has been through a similar situation, or know others that went through the same dilema, I would greatly appreciate any comments and suggestions!

Thank you in advance!

[HouTx, BSN, MSN, EdD]

You will need to consult an immigration attorney for answers to your questions related to your husband's situation.

[loriangel14, RN]

What country are you in now?

[JustBeachyNurse, LPN]

Moved to advice on immigration forum to elicit further response.

[babyNP., APRN]

You will likely need a lawyer. I highly recommend visajourney.com to post your questions relating to this. You'll need to provide details on what exactly he took, arrests, jail time, and how long it's been since he was on drugs. He will be denied initially because it will show up on his police record. There are waivers available, but this generally applies more to US citizens and the idea behind it is that you have to show why you cannot live in the spouse's home country (more often this applies to a USC spouse who would be in danger while living in a 3rd world country and/or has a child with a medical condition that cannot be treated outside the US).

I would be prepared for a long up battle that is likely to have a negative outcome. Think hard on how much time, money, and emotional energy you're willing to put into this and still faced with a no. Or, you could visit him in Canada while you and the kids lived in the states...

I found this and your husband's most grave offense would be the drug trafficking:

http://www.cavanaughlegal.com/waiver-immigration/inadmissibility-waiver/212-a-inadmissibility-grounds-waiver-of-inadmissibility/

Looks like there is no waiver available for an immigrant visa (i.e. he could never apply for a green card). H1B is a non-immigrant visa, I believe, but still, I think you're hard pressed to apply for it...again, I would post your question at visajourney.com. There is a waiver forum for people in your situation...

[Meriwhen, ASN, BSN, MSN, RN]

First of all, your husband's criminal record is not your criminal record. When it comes to licensing, the BON only cares about YOUR criminal record, and unless there's something you haven't told us, you have no criminal record.

That being said, you and your spouse may want to talk to an immigration lawyer regarding whether your spouse will have issues immigrating to the US with a criminal record--we can not give legal advice regarding that.

Best of luck.

[Meriwhen, ASN, BSN, MSN, RN]

Duplicate threads merged.

[Silverdragon102, BSN]

Just be aware H1b and TN means your husband can not work unless he qualifies for one himself. As mentioned really need to speak to a immigration lawyer who specialised in this area

[ambitious-student rn]

Thank you all for the comments and suggestions made above, and in this case, I do expect that a lawyer is needed to help us with our situation. I have NO criminal record at all, and my point of moving to the states is to be closer with family, and perhaps start a new chapter in our life. This situation impacted my family tremendously, and I am sure that there are people who will likely judge me for providing the details of drug trafficking. It is a serious offense, there is no denying that, but it is how my husband ended up in that situation that made me realize that I am one of his (primary) support system. I am not trying to make any excuses or cover up for his wrongful doings - an advice is all I needed in this forum, and I thank each and everyone of you for taking the time to reply.

[ambitious-student rn]

Thank you, babyRN for your suggestions. I will definitely look into this since there are 8 more months left of nursing school for me.

[ambitious-student rn]

I am a Canadian citizen.

[Silverdragon102, BSN]

If you plan on making the move permanently and apply for a immigrant visa then your husband will be asked whether they have any criminal history and a police check will be asked for. (just to be aware)