»

[wasme]

Jurisdiction/Place:

Good Evening,

My wife is a Registered Nurse in Canada, but has her NCLEX visa, and has been offered a position in South Carolina. In 1994 she was convicted of Fraud Under 5000 but recieved no jail time and was a summary conviction. She recieved a pardon after the qualifying period.

Yesterday we went to the border to apply for her TN visa. When she was asked if she had ever been finger printed or arrested, she said yes (not knowing they wouldnt have know - and thinking the pardon meant it woul be ok).

The officer told her a Canadian Pardon was not recognized, and denied us access to the United States. They also said she had to return with her Pardon/Court papers to be able to re-enter the USA, and hopefully get her TN visa.

Any advise on how to handle this would be greatly appreciated. Her RN position starts in less that 2 weeks.

Should she say she doesnt have anything on her next attempt? or present her paper work? Would it make a difference to go to a different border crossing? And is she likely to be given her TN Visa?

I guess this is one time when lying would have been the best idea, as I have read if you have a pardon your record can't be seen, but if you disclose it.. well this is what happens..

Thanks again for anyones time, that gives us there 2 cents!

[muggsyj]

This is not legal Advice!


I think you have answered your own qustion here, sometimes things are just left not said. On the other hand had she been caught out not telling the truth, she could have faced up to a ten year ban fron entering the USA. Sort of a catch 22, what do you do for the best?

Good luck with the next attempt, I am sure a nurse helps alot more lives than she hurts.

Take care

Mark.