TN visa possible misrepresentation

[alebrije 15]

Hello,

I got married in December to a US citizen, I currently hold a valid TN visa which expires until July 2014. I came here under the NAFTA professional treaty, and I have been working as a General Manager of a restaurant for a year and a half. One of the requirements to get a TN visa is that the position in the United States requires a NAFTA professional. The problem is that my visa qualifies me as a Veterinarian (degree which I earned back in Mexico and is on the NAFTA list) but my job does not actually require a Veterinarian for the position, which could be interpreted as misrepresentation of the truth.

We are getting our papers ready to file for AOS, but it worries me that this is going to come up and they will charge me as inelegible for immigration, and obstruct the whole process. Am I worrying too much over nothing or do I have to be careful about this issue?

Thank you in advance for all your comments.

[aussie_jason 195]

On what basis did you get the TN visa? Did you have a job offer as a veterinarian that you didn't take up or that you have since left? Did you file an I-129 for the change of job? Sounds like you have misrepresented yourself and could be in real trouble when trying to AOS.

[alebrije 15]

The job offer was presented to the consulate in a very vague way, stating only "handling of animal products" or "revising hygienic procedures" (things that could vaguely apply to both restaurant work and actual veterinary work). The lawyer that handled the case to get me the TN visa just told me to be vague about what the job was about, to say that I was in charge of processing food products, keeping hygienic practices up to spec, etc. I did not realize this was such a problem until I started reading about the whole AOS process, and realized that it could constitute a misrepresentation of the truth due to the nature of the TN visa.

[aussie_jason 195]

First off your attorney is an idiot and if I was you I would file a complaint to whatever board is responsible when you get a moment as their advice was to misrepresent yourself, which is a huge no no.

I don't know how you should proceed now but I think you should consult a reputable immigration attorney or possibly ask about how to proceed over on Avvo.com to see if any lawyers there will give you some advice.

[alebrije 15]

This is terrible! I was hoping to get the paperwork done by ourselves and not need legal assistance. Thanks for your advice.

[aussie_jason 195]

As I suggested I would try posting on Avvo.com and see what the experts have to say before you dig yourself a deeper hole.

[tittysprinkles 4]

Typically when I've submitted TN paperwork, there's a letter from your future employer stating the job description, exactly why you'll be involved, what skill set you have that qualifies you, etc. Now, assuming this was all done diligently, and what the information within the TN packet is actually correct, then there isnt misrepresentation i.e. if your qualifications as a Vet give you a skill set that enables you to do this job that requires your specific skill set, then this isnt a problem if you're not doing exactly what you're qualifications bring you in to do. There are a LOT of other areas where the same applies e.g. engineers, with degrees in engineering, who come down to do project management for an engineering firm. These folks wont touch a calculator or anything technical when they're down here (they manage schedules and budgets) but they're here as "engineers" as they have a skill set for the position based on their degree.

Now, a "Restaurant Manager" is a far stretch (some would call it a "giant piss take") from Veterinarian. However, if what you thought what you were getting is different than what you ended up getting (i.e. you got bait-n-switched) then I'm not sure that's your problem as far as USCIS are concerned (people get sold on one job and get told to do another once they start; that's called "having a shitty employer" but isnt a reflection of the intent of the new-hire). Again, your mileage may vary, but if you legitimately thought you'd be doing stuff that required Vet-qualified people, and what you got was totally different, then that's less of an issue than fudging the details of the job so that you'll get a NAFTA visa approved. I'm skeptical on how the bejaysus you even got approved on a TN with such a vague representation (if you're coming in as a Vet, I'd expect part of you job to be an actual Vet!), but that's neither here nor there.

Recognize that you're here legally, on TN Status (it's not a Visa, it's a status). Also recognize that there is little paperwork regarding your current employment submitted with the AOS paperwork, unless you're applying for an EAD so you can leave your current employer and work elsewhere (as a legitimate vet, maybe?). The role of the interview is to ensure a bonafide marriage; if you're already here legally, this is honestly less of a concern. The point is now you're adjusting based on marriage.

It's not totally clear as to whether you're up sh!t creek, or whether USCIS will even care, but getting someone to review all of your TN paperwork (i.e. what you presented at the consulate) would be the first step. I wouldnt necessarily hire someone for the entire 485 application, but rather determine if this is something that would be flagged by a diligent USCIS IO.