TN visa or Sponsor Help advice

[grant2]

If they let him in as a visitor, they will let him in on TN.

Maybe, maybe not, we know he was not forthcoming when he entered as a tourist.

Ya well when they ask him the purpose of visit. He said visiting friends. That’s it.
[..]
#2 yes we are already married! And we can wait 1 year before requesting for an adjustment of status. We are not in hurry. My only concern is he can stay with me and our baby as fast as possible.
[..]
Why it would considered as fraud if I wait 1 year?

Then what would be the right solution so they won’t think like that?

If your primary goal is for USCIS to think your husband has been honest, then when he applies for his TN, he should truthfully volunteer that his primary purpose is to live in the USA for a year before you sponsor him for permanent residence.

But I suspect this honesty will drastically reduce his chances of receiving a TN.

It won't be fraud. You only need to wait 3 months before submitting paperwork.

The husband already committed fraud by lying about his reason for current entry. "I'm visiting friends" is clearly a deceptive answer when his primary purpose was to live temporarily with his PR wife & USC child.

Now they are contemplating a similar entry: "I'm visiting for temporary employment" is also a misleading answer when he is, once again, entering with the primary purpose to not live with his PR wife & USC child, but ALSO to apply for permanent residence.

I'm not passing judgement. I'm just saying I think the CBP or USCIS would consider it dishonest.

The 3 months isn't a magic milestone where misleading (fraudulent) intent statements are ignored. It's the milestone where the PRESUMPTION of fraud has expired. The USCIS can decide no-fraud BEFORE 3 months, and they can still decide fraud AFTER 3 months. It just takes more evidence either way.

I think it's fine to enter in TN status within intent to adjust status, as long as you have the honest intention of doing the TN job.

Well, it is clear that they will not let you in as a TN if they find out that your intent is to adjust status.

But if they don't ask you, then you don't have to tell them. You're not required to volunteer all information to the CBP officer that they could possibly use to deny you entry.

I morally agree that an applicant is not obliged to volunteer information that will likely have him denied.

But if an applicant states "I have non-immigrant intent, please give me temporary entry" and the officer discovers the applicant really DOES have immigrant intent, then i don't believe he will be "fine".

It's a gamble.

 

[wagecuck3]

I morally agree that an applicant is not obliged to volunteer information that will likely have him denied.

But if an applicant states "I have non-immigrant intent, please give me temporary entry" and the officer discovers the applicant really DOES have immigrant intent, then i don't believe he will be "fine".

It's a gamble.

This is not a moral claim, but a legal one. According to the Foreign Affairs Manual, if an alien merely fails to volunteer information, this is not considered as misrepresentation.

So it would be a problem if you do indeed state "I intend to work in the US for 3 years and then go back to Canada", but chances are that CBP won't ask a question to which one might be tempted to give this response. Of course, if they do indeed ask such a question, one should not lie.

 

[SusieQQQ]

This is not a moral claim, but a legal one. According to the Foreign Affairs Manual, if an alien merely fails to volunteer information, this is not considered as misrepresentation.

So it would be a problem if you do indeed state "I intend to work in the US for 3 years and then go back to Canada", but chances are that CBP won't ask a question to which one might be tempted to give this response. Of course, if they do indeed ask such a question, one should not lie.

However the alien on his current visit stated he was visiting friends, rather than his wife. That is misrepresentation.

 

[wagecuck3]

However the alien on his current visit stated he was visiting friends, rather than his wife. That is misrepresentation.

Who says that his intent was not to visit friends?
It seemed, based on the OP's posts, that the husband's original intent was to come to the US temporarily as a visitor, then leave the US and apply for TN at the border. If that was indeed his intent at the time of admission then I do not see the problem.

 

[SusieQQQ]

Who says that his intent was not to visit friends?
It seemed, based on the OP's posts, that the husband's original intent was to come to the US temporarily as a visitor, then leave the US and apply for TN at the border. If that was indeed his intent at the time of admission then I do not see the problem.

Actually, the post seemed to make it pretty plain that it was intended to mislead, clearly they thought if he said he was visiting his wife he”d be refused entry. yeah yeah i know, not the first and he won’t be the last to misrepresent at the border. However uscis are less forgiving for spouses of LPRs than of citizens.
also you’ve misinterpreted the “original intent”, probably because you didn’t see her previous thread. The idea of TN only arose once she realized that they seem to have no other options for him to stay, and someone else on this forum suggested it might be an option. It’s not even clear he’ll qualify for TN, I haven’t seen any mention of what his qualifications or experience are.

 

[wagecuck3]

Actually, the post seemed to make it pretty plain that it was intended to mislead, clearly they thought if he said he was visiting his wife he”d be refused entry. yeah yeah i know, not the first and he won’t be the last to misrepresent at the border. However uscis are less forgiving for spouses of LPRs than of citizens.
also you’ve misinterpreted the “original intent”, probably because you didn’t see her previous thread. The idea of TN only arose once she realized that they seem to have no other options for him to stay, and someone else on this forum suggested it might be an option. It’s not even clear he’ll qualify for TN, I haven’t seen any mention of what his qualifications or experience are.

You're right, I haven't seen the previous thread.
I am just basing my responses on what I see here, namely, that the OP said that they had intended to return to Canada. Based on that, I made the assumption that there had not been an intent to adjust status at the time that the OP's husband entered the US.

 

[nelsona]

Each entry is judged independently. Previous lies don't count, so I wouldn't worry. Again, there is a BIG difference, on the ground, between a spouse of GC and spouse of USC. They are NOT less forgiving at the border for LPR-spouses, It is USC-spouses that are more scrutinized.

It's at the AOS GC stage that "forgiveness" is more forthcoming for those married to USCs.