10+ years on TN, higher risk of denial ?

M

Maryjoe

Registered Users (C)
Hello All

I am on TN, have 14 months to go before it expires in Apr 2012. I am planning to re-apply by mail this December for another 3 years and then go through the GC process. I applied for my TN by mail last time as well and they granted me 3 years.

My attorney told me that since I have been on TN for 10 years now, there is a chance that USCIS may deny my application for another 3 year since TN is for temporary intention only, 10+ years on TN would be difficult to justify.

He suggests that I switch to H1B and then go through the GC process.

Does anyone know of cases where TN is denied because the person has been on this visa for too long????

Where possible, I prefer to stay on TN and then go through the GC process rather than switching to H1B.

Thanks.
 
There is no magical time limit. In fact, the longer you are on TN, the more proof that you are not immigrating, not less.

Lawyers don't make much $ on TN, but they like H1 $. Stay on TN. He will already be getting good money from the GC process, tell hime not to get greedy.
 
There are always stories of applicants being denied TN status due to being in the U.S. "too long". Remember that each application is at the mercy and discretion of the CBP officer at each "renewal". That's why in person renewals are always fraught with the risk of rejection whereas mail-in applications seem to be a safer route. To my knowledge there is no official regulation limiting the number of renewals or length of stay in the U.S. I have been in TN status since 1995 and no one, not once has ever questioned the number of times I have "renewed" or how long I have been in the U.S.
 
Cadman said:
I have been in TN status since 1995 and no one, not once has ever questioned the number of times I have "renewed" or how long I have been in the U.S.
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Cadman, thanks. Did you renew by mail all this time ? Do you plan on renewing your TN indefinitely or do you plan to go get your GC one day? I wonder why you are on TN for so long.

For me, I have been with the same employer for 10 years, TN is a lot easier for my employer and it's only recently when they expressed an interest in sponsoring me for a GC.
 
I renewd by mail 5 times and by presenting my application at a POE the other times. I was on TN for so long simply because I wasn't eligible for H1B and there is relative ease in obtaining TN status.

I am no longer in TN status and I am working on EAD while I wait for a decision for the GC.
 
Cadman: what port are you going through?

The rainbow bridge guy Bob Skuze wrote in my passport "No More TN Extentions" and told me I was now flagged in the system, told us not to contact "one of those slick guys" (aka:attorney) to try to get around this, gave my wife a 1 year TN instead of 3 years just to 'gather our things and leave the country'. He was very nasty. He told us at least 3 things we confirmed with our attorny that were flat out wrong but we can't say anything because he gets even mader. We have been legally in the country for 12 years on various visas, but he told us there is no way 12 years is temporary for this TN application so thats it. Our Attorney told us it is not binding but there is so much discretion given to CBP people they can basically do whatever they want and you cant argue anything. She changed status to H1B due to that experience but I am afraid to go through that border crossing again as he may deny me just because he is angry we got around his 'no extentions, get out of the country' directive.
 
Is it allowed or legal to record the conversation the the CBP guys? After all, they are recording it so they know the conversation is being recorded.
 
thoth2012 said:
Is it allowed or legal to record the conversation the the CBP guys? After all, they are recording it so they know the conversation is being recorded.
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What.. you missed the big signs saying "No recording devices of any kind allowed while in this building." "Turn off all cell phones while in this building." ?
 
Maryjoe said:
Hello All

I am on TN, have 14 months to go before it expires in Apr 2012. I am planning to re-apply by mail this December for another 3 years and then go through the GC process. I applied for my TN by mail last time as well and they granted me 3 years.

My attorney told me that since I have been on TN for 10 years now, there is a chance that USCIS may deny my application for another 3 year since TN is for temporary intention only, 10+ years on TN would be difficult to justify.

He suggests that I switch to H1B and then go through the GC process.

Does anyone know of cases where TN is denied because the person has been on this visa for too long????

Where possible, I prefer to stay on TN and then go through the GC process rather than switching to H1B.

Thanks.
Click to expand...

***Waves***

Me.
I was told at the Blaine Truck crossing in 2008 that I had "setup a homestead" and that they did not see anything temporary in my work.
The fact is that the economy was in the toliet.
I was a Canadian taking a job from an American.
I made more money in the prior year than all 3 of the Gestapo goons on the other side of the counter combined.

Until you get GC and then become a USC you always need to be prepared for the 1% chance you'll be denied entry into the US and your life will turned completely upside down.

I was lucky. I had enough financial means to be able to successfully re-enter the US, move my houselhold back to Canada, negotiate a US$400,000 bankruptcy and legally restore my immigration record in the US.
I am now successfully re-Canadianized and I appreciate the time I spent in the US however I would do it very differently if I went to work in the US again. Apartment living in a major US city, no car, use transit, and save every single penny I could and leave after the 2nd or 3rd TN
 
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