butterflychaser
New Member
In 2006 I was on TN in Oregon (I am Canadian) and I was laid off from my job (supposed to be temporary layoff but it ended up being permanent) and received 3 months of pay. I did not receive the pay all at once, but they kept giving me regular paychecks for 3 months and I did not have to go to work. I knew I would find another job pretty quickly and I went back to visit my family in Canada for a week while receiving the 3 months of severance pay. I re-entered the US using my TN status since I was still being paid by my company, finished collecting my severance pay for the next few months, found a new job, and flew back to Canada and got a new TN. I have since received several new TN's without an issue, most recently in April 2011. It has never come up so, once again, I am ASSuming that DHS/USCIS/CBP is unaware that of this potential issue, because if they were aware of it, they would not have granted a TN. However, i want to make sure this is correct which is why I am posting here, as my ASSumption in 2006 could have been very, very costly.
I understand in retrospect I probably should have changed to a Tourist status when I re-entered, but I was technically still being paid by the company and at the time didn't realize that this could be an issue. Young, naive, and stupid. I am hoping that for once in my life I am receiving a lucky break and that this won't haunt me for the rest of my life.
I am getting married to my US Citizen fiance in 2 weeks and we are preparing to file for an Adjustment of Status from my current TN (have over 2 years left on it) based on our marriage.
Does anybody think that this issue will come up during the AOS process?
I am still quite close with the HR manager at my former employer back in 2006 and he does not believe that the company had to take any steps to notify any US govt office, immigration, etc of the layoff. And technically I was still getting paid so I ASSumed I was currently still an employee as I was still on the payroll.
However, we are scared to death now that we realize what this could mean and are thinking of not applying for the GC. I am newly pregnant and my thoughts are raging about what this could mean for our family.
Thoughts, advice, opinions, VERY much appreciated. I do understand I made a mistake. I just need to know if this is going to come up during the greencard process.
I understand in retrospect I probably should have changed to a Tourist status when I re-entered, but I was technically still being paid by the company and at the time didn't realize that this could be an issue. Young, naive, and stupid. I am hoping that for once in my life I am receiving a lucky break and that this won't haunt me for the rest of my life.
I am getting married to my US Citizen fiance in 2 weeks and we are preparing to file for an Adjustment of Status from my current TN (have over 2 years left on it) based on our marriage.
Does anybody think that this issue will come up during the AOS process?
I am still quite close with the HR manager at my former employer back in 2006 and he does not believe that the company had to take any steps to notify any US govt office, immigration, etc of the layoff. And technically I was still getting paid so I ASSumed I was currently still an employee as I was still on the payroll.
However, we are scared to death now that we realize what this could mean and are thinking of not applying for the GC. I am newly pregnant and my thoughts are raging about what this could mean for our family.
Thoughts, advice, opinions, VERY much appreciated. I do understand I made a mistake. I just need to know if this is going to come up during the greencard process.
