F-1 to TN with Criminal Record

jargman

New Member
I have been living in the United States since I was 11 months old. From 11 months to 21 years old I was TD status under my dad's TN status. When I turned 21 I obtained f-1 status. Now that I have graduated and been offered a job as an economist in NYC I want to obtain TN status because I am Canadian. However, I am worried about my past. When I was 16 I was charged with a dui and shoplifting. Also, when I was camping in Oregon last year I was charged with possession of marijuana under 30 grams (this happened when I was 25). According to the officer the charge was a violation, not a misdemeanor. I had to pay a fine and never went to court. I'm very apprehensive about my future and if I will be able to accept this job offer or not. I'd hate to have petty crimes of nature screw up my future in the United States. Is there anything I can do? Should I even report the crimes? I technically was never arrested, put in cuffs, or taken to jail. Really freaked out. Please help!
 
Well, without a TN, you have no future in US, so what choice do you have? There is no reporting mechanism when applying for TN. You managed to get F1's all these years without problem. You will either be admitted in TN or not. If you are concerned, see a lawyer.
 
Well, without a TN, you have no future in US, so what choice do you have? There is no reporting mechanism when applying for TN. You managed to get F1's all these years without problem. You will either be admitted in TN or not. If you are concerned, see a lawyer.

Can you clarify what "no reporting mechanism" is. Does this the application does not ask about a previous criminal record?
 
The DHS application (I-129) does not ask for criminal background check. Entry into the US on TN, is governed by the same restrictions as TD, F1, etc. If you have been able to enter on these statuses in the past, since your legal troubles, I don't see why you would not now, on TN.

Of course, your employer probably will ask your criminal record, bu that has nothing to do with TN.
As I said, if you are freaked out, see a lawyer.

How come your parents never went for a green card? 20 years on TD didn't do you any favours. Now you will have to get your own sponsor (or wife) to stay in US. I don't envy your prospects of having to leave US and go "home" to a country you never lived in....
 
My dad is not eligible for a green card. When he was 18 he was charged for trafficking of a controlled substance (marijuana). Later that charge was pardoned by the Canadian government because the method used to arrest him was deemed illegal (he was entrapped). The INS refused to grant him any other visa besides the TN because of this past conviction; even though it was pardoned. Sucks for me cause I had to be stuck on a TD for the majority of my life without knowing the the consequences I would have to deal with later on in the future. While growing up I thought I was a citizen just like all my other classmates and friends. My sister was born here and is a dual citizen with the US and Canada. My mom, after seven years of living in Canada after a divorce from my father, has finally been able to obtain permanent residence through my sister. It's beens a nightmare of a situation. I hope Obama is able to fix this broken system so I don't end up in a country I've never lived in without any of my family.

Any advice or comments are welcome.
 
The DHS application (I-129) does not ask for criminal background check. Entry into the US on TN, is governed by the same restrictions as TD, F1, etc. If you have been able to enter on these statuses in the past, since your legal troubles, I don't see why you would not now, on TN.

Of course, your employer probably will ask your criminal record, bu that has nothing to do with TN.
As I said, if you are freaked out, see a lawyer.

How come your parents never went for a green card? 20 years on TD didn't do you any favours. Now you will have to get your own sponsor (or wife) to stay in US. I don't envy your prospects of having to leave US and go "home" to a country you never lived in....

He was already on TD when charges occurred. Since he did not request change of status since that time, record probably hasn't been put into question until a situation such as this.

Seems like you've been offered the job already if you are talking TN with the employer so background check seems like a non-issue for them too.

Both your DUI and marijuana "charges" are minor bro, relax. Make sure you get all your paperwork in check for TN and go for it. If anything, the fact that you have been in the US for so long is a bigger factor than anything you've mentioned in your post. If questioned by boarder control, will make for a good story.

Good luck and let us know how it went !
 
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