5 year Bar and new job requires US travel

R

R_e_z_a

New Member
Hi guys,

About a year and a half ago I was denied a TN visa due to lack of documentation and given a 5 year bar. I now work for a multinational company that needs to send me to San Diego for training and my new position will require some travel to our head office in the U.S.

Can I reapply for a visa and which should I apply for? Also I am dual intent and have been waiting for a green card for over 7 years so that I can join my american family. Thanks in advance.

Reza
 
Any idea what kind or where to start? I'm a recent college grad and cup o noodles is all I can afford in terms of food so a lawyer is kind of out of the question..
 
R_e_z_a said:
Any idea what kind or where to start? I'm a recent college grad and cup o noodles is all I can afford in terms of food so a lawyer is kind of out of the question..
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You have to contact the consulate. As I understand it unless your consulate has developed one locally there is no form for waiver of inadmissibility to apply for a nonimmigrant visa, you just write the consulate a letter asking for the waiver and telling them why you deserve one. I don't know if you can apply for the waiver at the same time as the visa or if you would have to get the waiver first. I have no idea if you have any realistic chance of getting a waiver in your situation either. I think it is pretty much at the consulate's discretion.

If you can't afford a lawyer I guess all you can do is try, or seek assistance from nonprofits/associations/others who have done it. But only a lawyer is qualified to advise you, and even then you may not have a good chance of a waiver given that you have a 5-year bar.
 
cafeconleche said:
Why would they give you a 5 year bar just because you didn't qualify for a TN visa?
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Frivolous TN status applications can get a 5 year bar. It's not a visa, it's a NAFTA status and you apply at the border. Fraudulent ones can get a lifetime bar, as with any other fraudulent application.

I'm guessing he applied for a TN status that he clearly wasn't qualified for or for a position that clearly wasn't eligible. Officers do have a lot of individual discretion in these applications, I don't think that every TN status that is denied leads to a bar, only those that they judge were unfounded.
 
Did they discover your I-130 while processing your TN?

R_e_z_a said:
About a year and a half ago I was denied a TN visa due to lack of documentation and given a 5 year bar. I
Also I am dual intent and have been waiting for a green card for over 7 years so that I can join my american family.
Click to expand...
 
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