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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4332
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I am a Canadian citizen and an RN. I have worked in the US

Customer Question

I am a Canadian citizen and an RN. I have worked in the US from 2004-2008 on a TN visa. I am being offered a job in the US now, also on a TN or possibly as a green card sponsorship. In 2008, in Canada, I was charged with theft under $5000/ breach of trust. I had become addicted to opiates and took them from work. It wasn't a "drug charge" but it was the theft of narcotics. I sought treatment immediately, and plead guilty. I was given an absolute discharge in 2010. Two years later I went through Pardons Canada for record destruction. This was my only offence ever. While I had this charge on file, I made no attempt to cross the border to the US for any reason. In the past 6 months I made 3 visitor trips to the US- one by car and two by plane. No issue came up when my passport was scanned. I have been given conflicting information. Do I have to declare this discharge on a visa/ immigrant application to the US or not? Is there any way they can see it on record if Pardons Canada guaranteed me the records were removed?
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
In order to get an RN type visa I'd need to pass a CGFNS Visa Screen as well. Are you familiar with this process?
Customer: replied 1 year ago.
My potential employer is "adamant" that I apply for an inadmissability waiver. That makes me even more concerned- if they inquire as to the nature of the charge and come to understand it is drug related, I don't think I'd qualify for a waiver. Just an additional point, the value of the drugs taken was assessed at $50
Customer: replied 1 year ago.
Would my employer be liable if I stated "no" if asked at the border if I have a record?
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today. Do I have to declare this discharge on a visa/ immigrant application to the US or not?

Yes, legally you are supposed to declare any arrest you have ever had when asked about it on any immigration form or by any officer.

Is there any way they can see it on record if Pardons Canada guaranteed me the records were removed?

It can still be possible that this may be shared and available between government entities even if the record has been removed.

In order to get an RN type visa I'd need to pass a CGFNS Visa Screen as well. Are you familiar with this process? Yes, I am.

Would my employer be liable if I stated "no" if asked at the border if I have a record? No, your employer would not be liable. It would be personal repercussions that you would receive. Your employer is not responsible for what you do or don't disclose.

Good luck to you during this process and I hope this answer has helped you!

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Expert:  Jen Marie, Esq. replied 1 year ago.

Hello there, I see that you were able to view my answer but did not leave a rating. Is there anything that I can clarify for you or any other questions?

I am here to help and hopefully I can earn your positive rating. That's the only way I receive credit for my time. Thanks!

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