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!