Is my spouse possibly inadmissable/ineligible?

[JVT 0]

Hi,

Three years ago my husband was caught at the border with an expired TN-1 Visa. The border turned him around and allowed him through the next day as a visitor, because we are married and I was pregnant at the time. Since then, we moved to Canada and have been living there. We cross into the U.S. to visit my family, and after questioning my husband, they let us through. We now have two children and would like to move back to the States.

Will our past incident with the expired TN-1 Visa make my husband inadmissable/ineligible for a spousal immmigrant visa? My two children have dual citizenship in Canada and the United States, and I am a United States citizen. Any advice is a greatly appreciated!

Thanks alot,

Jessica

[GnBnL 50]

unless he had an overstay in the US, it shouldn't be a problem. Visa/border denials do not impact new petitions. Good luck!

[JVT 0]

unless he had an overstay in the US, it shouldn't be a problem. Visa/border denials do not impact new petitions. Good luck!

Thank you, Gabbi. When we found out that we were expecting our first child, my spouse quit his U.S. job and we moved to another state where my family lived, but my husband did not report that he had left the job that was sponsoring his TN-1 visa. In that regard, he did over stay his visa, but only by a matter of weeks. We then went up to Canada for a wedding and when we tried re-entering, that is where we were turned around just for that day, but was told to come back and re-enter the next day. Do you still think that it should be a non-issue for our application process?

Also, on the form I-130, when they ask if my spouse has ever undergone immigration proceedings, should I say yes or no, considering our above experience?

Thank you

[VanessaTony 3,567]

Thank you, Gabbi. When we found out that we were expecting our first child, my spouse quit his U.S. job and we moved to another state where my family lived, but my husband did not report that he had left the job that was sponsoring his TN-1 visa. In that regard, he did over stay his visa, but only by a matter of weeks. We then went up to Canada for a wedding and when we tried re-entering, that is where we were turned around just for that day, but was told to come back and re-enter the next day. Do you still think that it should be a non-issue for our application process?

Also, on the form I-130, when they ask if my spouse has ever undergone immigration proceedings, should I say yes or no, considering our above experience?

Thank you

No he hasn't undergone immigration proceedings. Thats if he went before an immigration judge and real serious stuff like that.

This issue wouldn't be an issue at all.

[JVT 0]

No he hasn't undergone immigration proceedings. Thats if he went before an immigration judge and real serious stuff like that.

This issue wouldn't be an issue at all.

Thank you, that is such a relief to hear! Do you know if crossing into the United States to visit family while we are applying for my spouse's visa would be an issue? Would the border deny my spouse entry as a visitor while we are applying for his permanent residency? I have a major family event around 4th of July, and if we're not finished with this process by then, I worry that we will not be able to go if the border denies my spouse, based on the fact that he wants to enter as a visitor but is simultaneously applying for permanent resident status.

Thanks again

[VanessaTony 3,567]

Thank you, that is such a relief to hear! Do you know if crossing into the United States to visit family while we are applying for my spouse's visa would be an issue? Would the border deny my spouse entry as a visitor while we are applying for his permanent residency? I have a major family event around 4th of July, and if we're not finished with this process by then, I worry that we will not be able to go if the border denies my spouse, based on the fact that he wants to enter as a visitor but is simultaneously applying for permanent resident status.

Thanks again

He would still need to show the same sort of proof he already has on prior visits and together with the CR-1 NOA1 it should be fine. Proof that you're going through it the legal route. He still runs the risk of being denied entry of course but that doesn't ruin his chances with the visa at all because he would be denied for immigrant intent which is the whole point of the Cr-1 visa

[JVT 0]

He would still need to show the same sort of proof he already has on prior visits and together with the CR-1 NOA1 it should be fine. Proof that you're going through it the legal route. He still runs the risk of being denied entry of course but that doesn't ruin his chances with the visa at all because he would be denied for immigrant intent which is the whole point of the Cr-1 visa

Again, thanks for all of the info, I am very relieved!