My husband came to USA 21 years ago on a visitor visa. He overstayed his visa and studied/stayed in NY for 10 yrs (obtained BS Comp Sci). We married in '03 (I'm US Citizen), he obtained MS degree in Soft Engineering, and upon petition, he was denied based on section 204(c) (on basis of conspiracy to attain immigration benefit). No deportation proceedings were scheduled/occurred. We immigrated to Canada voluntarily 8 yrs ago. Husband is now Canadian citizen (our children & I are dual). 3 mnths ago he came back to USA through Toronto airport with his NEW Canadian passport w/out any issues or questioning beyond the normal. We have 4 children together & I curr. work/live out of USA. He wants to obtain TN visa as a Canadian so he stay here w/us. Possible? Does previous 204c stand in the way?
You would need a 212(d)(3) nonimmigrant fraud waiver.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
He can apply for the TN if he mets all the TN requirements. Immigration will do a background check on him. They may hold the 204c against him, anything is possible.
Retain an Immigration Attorney to process your TN application package and possibly inquire about a waiver if Immigration raises the issue.
Don't share more details with the internet, but it seems to me that you have proved their assertion of marriage fraud to be false - unless you guys did plan a fraud and then fell in love, a real-life version of Gerard Depardieu's movie Green Card.
Andrew Bartlett. Community Immigration Lawyer, San Rafael CA.. Please note that answers to questions are for general informational purposes only. They are not legal advice and do not establish an attorney-client relationship. If an answer is not clear, I will do my best to explain further.
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