TN status for spouse jeopardized by my US citizenship?

M

massspec

New Member
Hi all,

Thanks in advance for the advice.

In brief, here is my situation: my husband is Canadian and qualifies for a TN visa. I am a dual US-Canadian citizen. I have lived nearly my entire life in Canada and have no ties to the US (no immediate family, no residence, no bank account, etc...). We have a Canadian born child, who does not qualify for US citizenship as a result of my failing to meet residency requirements.

My question: is my US citizenship a total roadblock to my husband acquiring TN status and my child acquiring the corresponding TD status? It seems that my husband should be ok to get his TN at a POE if crossing by himself. My concern is more about when he brings our child over, and the questions about mom start.

Our intention is to both work in the US on a temporary basis.

Any advice is much appreciated!
 
If the border officer discovers that a TN applicant has both a US citizen spouse + a non-citizen child living in the USA, certainly they could doubt that he truly has "non-immigrant intent". His application or even re-entry could be denied for that reason.

To overcome that doubt might require some truly significant ties to Canada!
 
As soon as YOU move to US, any entry into US by your husband, in any non-immigrant status other than H1B or L1, would be in jeopardy (TN, even B2 visitor) . If you continue to live in Canada, he is free to enter US in TN status , or as a visitor, which he no doubt has done many times since you are married. Your son also enters on B2 freely now.

So if he has an immediate job offer, he could go down by himself right now.
With you in Canada, he is not considered a "risk" of immigrating. With you in US however, then he is presumed to have immigrant intent, and would need to stay put in US (or be frozen out of US) until you complete much of the Green card process. (4-6 months).

If your medium-term intentions are to live in US, it would probably be best for you to sponsor him (and your son) now while he looks for a job in near future, and get green card. he then can get any job he wants in US without any immigration restrictions.
 
Thank you grant2 and nelsona for the very clear information. I really appreciate it. I have also been thinking that the green card route is probably the best way to do this, so that we don't have to worry about the complications mentioned above. Thanks again!!
 
Admittedly my understanding of immigration/citizenship law is poor, but it seems I need to have been a resident of the US for a minimum of 5 years (2 of which were after the age of 14) for my son to be entitled to US Citizenship by birth. Unfortunately I can claim only about 3 total years in the US.
 
For anyone following this, here's an update. I spoke with an immigration lawyer today, and was told the following:

1. Because my son's grandparents (my parents) were born in the US and meet certain residency requirements, he does in fact qualify for US citizenship. Interesting!
2. The lawyer was quite confident that my US Citizenship does NOT pose a significant risk to us going the TN route. He indicated that it was, in his experience, a low risk (but not NO risk, of course) course of action. This is somewhat contradictory to most everything I've been able to read on the subject, and I was surprised to hear it. I have to wonder if most of what has been written on the subject is more theoretical than actual, though I very much understand how our situation could be viewed as immigrant intent. Anyway, just wanted to share these morsels with anyone who may be interested.
 
We never said he would not get the initial TN, with you living in Canada, but as soon as you live in US, it will be in jeopardy.
Ask any person who has married a US citizen living in US. They aren't even allowed in as tourists until they apply for their immigrant visa (as opposed to non-immigrant status, like TN of tourist). Your husband's situation would be viewed as no different.

The difference is where YOU live.
 
Completely understand that logic, nelsona. Again, I was surprised to hear the lawyer's perspective since I anticipated him advising that it was not a good option for us given that I WILL be living in the US. Thanks again for all the input!
 
You must log in or register to reply here.
Top