How many times I can renew a TN visa?

[Dana2592]

I am sure that this question was answered on this board but I cannot find it.

I have been presently on TN-1 since November 1999. I renew my visa and so far I had no problems. In the meantime my employer filed for a LC, however it seems that there are problems (it's a long story!). It seems that I am back to square 1. I know that there is no time limit on TN-1, however I wonder how long I can keep renewing it.

I have heard two answers and I am a bit confused:

1. After some time the USCIS might reject a TN-1 on a basis that it doesn't appear temporary since a person has been staying in the US for a number of years.

2. Chances of renewing are better after some time because the fact that an applicant renews a visa insetad of going for a GC, show a non-immigrant intend.

I wonder if anyone on this board know someone who got an application rejected because a person stays in the US for several years?

 

[curiousGeorge]

Officially there is no limit. I personally know of 1 person that was asked what thier intentions were since they had so many renewals (10 in fact). This is a trick question. If you say that you "plan" on reneweing next year and the year after that indefinitely, then you might get denied. If you tell them you "plan" on getting a green card, you might get denied. Or, they'll make a note in the computer, and you might have trouble next year.

The right answer to that question is that you have an offer for 1 year, and then you are coming back to Canada. That's it, and that's all you know for now. Don't admit to any future plans. They can't argue with that, and the officer approved him.

When the year is up and you apply for your next TN there is nothing illegal about saying that you will be in the US until the TN expires. Anything beyond the year is none of thier concern, and quite frankly, you don't need to disclose it. If you mention that you plan to be thre permanently in then you may have an issuem since TN does not allow for dual intent.

Although "clear" immigrant intent is only really proven by showing that you've filed for an I-485, the officer may deny you TN status on the basis that you verbally mentioned that you plan on staying in the US permanently.

The bottom line is, when you speak to the officer at the time, your plans are to stay for the year, and beyond that you plan to come back to Canada.