Consular Interview: Previous Attorney Misguided Me TN Visa

[Scrubz]

Hello All,

This is a continuation/update on my previous post (forums.immigration.com/threads/previous-attorney-misguided-me-tn-visa.337849/#post-2475510).

My nunc pro tunc request with USCIS was denied as the officer argued that since I had already made an appointment at the consulate I was aware of having to get a new visa.

Nonetheless, my former employers really want to re-hire me and have given me the green light to go to a consular interview at the consulate in Mexico City. I have filled out my DS-160 and made my appointment for next Tuesday.

I am answering 'YES' for the question 'Have you every overstayed or otherwise violated the terms of a visa' and proving an explanation. I also plan on taking a signed affidavit explaining the situation and how everything unfolded as well as other proof such as emails, texts and a signed letter

My question is: For those that have experience answering yes to this specific question. How does the interview usually go? Will I get outright denied? Will I have an opportunity to explain myself and present the evidence/information. What are even my chances? I just want to be honest with the consular officer. I'm sorry if this post comes out as pointless/weird I guess I'm just nervous about the whole situation.

Thank you all for your time

 

[WaiveMeIn]

I'm sorry that you have to go through this. This illustrates once again the confusion that most people have on visa vs. status. You would have been fine if you simply stick with your old visa stamp, but you still have to apply for a new TN status at POE when re-entering the US.

I think this all boils down to whether or not the period of unlawful employment would count as unlawful presence. If I'm not mistaken, unlawful presence does not start to be counted until after I-94 is expired (even if you are technically out of status, say, if you get laid off before the expiration of your I-94), but since you have started to unlawfully work with the new employer, they may start counting the days from the first day you started working illegally.

This goes beyond the expertise of most members here. Consult a very competent immigration lawyer (preferably before you leave and preferably, one with a lot of experience handling deportation and employment cases).

If you leave and are deemed to have overstayed between 180 and 360 days, then you would be barred from the entering the country for 3 years.

You would be inadmissible, and within the 3year period, you would then need a waiver before you can re-enter the country under any status.