If TN renewal denied, what are my options?

W

WorryALot

New Member
Hello Everyone!


I am a Canadian citizen and I have submitted my I-129 thru my lawyer & now USCIS is asking for additional information. My TN will expire in March 2018. I hope I can get the renewal but if I got denied, I would like to know:

1) Any chance for me to appeal? Or once I-129 denied, it’s the final decision?


2) Do I need to leave US within the 60 days grace period? I am unsure how easy it is for me to re-enter as a visitor.


3) My husband is waiting for his interview date for his US citizenship. Our plan is he will apply for my status adjustment/ green card once he got his citizenship while I am still on my valid TN visa (faster than tag along his green card). However, we are not optimistic that he will get his citizenship before my TN expires. So should I stay in the US or should I got back to Canada during the wait? If I continue to stay in the US (without valid TN), will it affect my future application of marriage base green card?


4) One lawyer advised to just stay in the US if TN gets denied until I can apply for my green card, is this a good recommendation?

Thank you so much for your help!! :)
 
1. Once denied, the easiest thing to do is to go to the border and try there, if it is something that can be fixed.
2. The grace period is for those who have been let go before the end of their I-94 validity. In your case, the denial will tell you how many days you have left. It shouldn't impact your current TN, sop you would need to leave at the end of that, without any grace period.
3/4. I would be applying for GC if your TN cannot be saved. But, there really was no reason to wait for him to get Citizenship to apply for GC, you would have your AP/EAD by now and wouldn't care about TN. The urgency for you was to get off TN, and on to EAD/AP. GC would come eventually, but you wouldn't really care, with EAD.
 
Thank you so much for your reply Nelsona!

If I apply for my GC now before my husband received his citizenship, any idea of how long it take to get my EAD?
My TN will expire in 1.5 months :(

And can I use a waiver (such as i-601a) to stay in the US while waiting?
 
it will definitely take more than 1.5 months unfortunately for you to get EAD. I have heard USCIS is taking a while to adjudicate the EAD/AP applications. Sorry this is probably not what you wanted to hear but thats the current state of things
 
So, this is easily solved by.... finishing your TN process successfully. You need to do this first. As I said, none of this would have been an issue if you had submitted your GC application 2 years ago.

You don't need a waiver to stay in US, once you apply for GC, your are IMMEDIATELY in legal status.
 
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