Applied for TN renewal by mail, and now I need to go Canada, can I?

K

karkoor24

Registered Users (C)
Hello,

My TN expires on November 29, 2008. I have applied for TN renewal by mail 5 weeks ago for my wife, kid and myself. However, according to USCIS the application is pending “security check”!! Now, given that my TN Status is valid through November 29, can I travel to Canada to attend a wedding for days and come back? Or does the fact that I have my TN renewal in process impede me from traveling to Canada?

Please advise.

Thank you in advance.
 
Until November 29, you can go anywhere and come back without issue.

After November 29, assuming your I-129 is stil not approved, you can still travel anywhere you want of course, BUT, when you come back you need to apply for TN at the border. If your dependants are cdn, they would get TDs there too. If your wife and child are not Cdn, they might need a new consular TD Visas, or use AVR to enter.

Nothing you do in terms of travel does anything to the I-129. It was submitted by your employer.
 
Hi nelsona,

I just spoke with our company's attorney, and she advised me NOT to travel. Her rationale was, since your TN renewal is stuck in the "security check" phase, your coming back into the US might be probelmatic until this check is over, meaning you may be stuck in Canada until this security clearance is completed!!

Does this make any sense??

Thanks

nelsona said:
Until November 29, you can go anywhere and come back without issue.

After November 29, assuming your I-129 is stil not approved, you can still travel anywhere you want of course, BUT, when you come back you need to apply for TN at the border. If your dependants are cdn, they would get TDs there too. If your wife and child are not Cdn, they might need a new consular TD Visas, or use AVR to enter.

Nothing you do in terms of travel does anything to the I-129. It was submitted by your employer.
Click to expand...
 
karkoor24 said:
Hi nelsona,

I just spoke with our company's attorney, and she advised me NOT to travel. Her rationale was, since your TN renewal is stuck in the "security check" phase, your coming back into the US might be probelmatic until this check is over, meaning you may be stuck in Canada until this security clearance is completed!!

Does this make any sense??

Thanks
Click to expand...



No, it doesn't. Since there is no security check on a TN issued at the border, there is certainly no security check on a re-entry on an existing one. The USCIS security check has nothing to do with admissability.

So, if you travel before expiry, you will be allowed in on your existing TN

If you travel after expiry, you will apply for new TN at the border and be allowed in on it.

I was stuck in 'security check' on my I-485 for 3 years and never got stopped at the border. There will not be a flashing red light and siren when you step up to the CBP agent.
 
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