Rejected TN- renewal

C

cl26

New Member
Hi all,

I just received a letter from Immigration services saying I cannot stay in the US after I submitted my application for renewal. When I submitted my renewal forms, I submitted the day before my vacation. When they received it, I was not in the US but I was still receiving regular pay. I showed them my pay-stubs and presented a letter from the company stating everything and they still denied it. I don't know what to do at this point...What are my options? Do you think that will be on my record if I renew it at the border? Really scared..
Also, I just got engaged to my fiancee who is American. Can I apply under a different status or would it raise red flags?

Thanks
 
First off, your location at the time of mailing/receipt of the I-129 was immaterial, since it is the firm's petition, and no action on your part can consider it as abandoned. When you say "vacation", do you mean your I-94 expired at that day? Seems silly that the form would have waited until the ast day to submit renewal papers. And, if you were outside US, why did you not simply apply at the border on your return.
There seems to be a few irregularities in your post, so let's try an clear these up:
1. Are you Cdn or Mexican.
2, When did your TN expire (the I-91), and when do your firm submit I-129? USCIS will still process late I-129's since they are not based on current legal status. However, if you do file late, your current TN status is not extended pending approval.
3. What was the specific reason(s) for denial?
 
Thanks nelsona for your response. Here's my timeline of my application process:

Nov 8- Company filed I-129
Nov 9- Went to Asia for ~2 weeks vacation paid; fiance proposed
Dec 13- Received letter from USCIS requesting for evidence that I had to be present in the US at the time of filing. They see my records departing Nov 9 and wasn't in the US at the time of filing
Dec 18- Sent them a response attaching paystubs and letter from employer stating I was still employed with them and that I was on vacation during the time
Jan 11- TN1 expires
Jan 27- Received letter from USCIS stating their decision- apparently you have to be physically present in the US at the time of the filing when requesting an extension of stay as a TN nonimmigrant? They're saying I'm required to depart immediately and that the decision cannot be appealed. I can disagree with their decision or add additional evidence that shows the decision is incorrect though.

So what are my options now? Can I apply again now that I'm not taking vacation and will be present in the US?? Or should I go to the border? Or can I apply under a different status? UGHHH this feeling is the worse..
I am Canadian by the way.

Any opinions or feedback appreciated. Thanks for all the help.
 
The simple remedy is to leave US and re-enter with a new TN petition. You should have done this anyways when you left US in November, not bothering with the I-129. Since your TN was not rejected for inadmissibility reasons, there will be no issue getting new TN.

You really should not have bothered with the I-129, and as soon as there was a problem, you should have then dropped the I-129 and gone to the border.

As to whether the USCIS acted correctly, I would argue that the Instructions, which state
"While a petition is not required, citizens of Canada who are outside the United States may use this form to apply for TN status."
Click to expand...
would indicate that you do not need to be in US at time of filing. The fact that is was an extension might make a difference.

In any event, since you were leaving UD within a couple of months of TN expiry, you should have simply gotten TN at the airport on returning --- like you will have to do now, You really have nothing to worry about,

Be aware however that you cannot work until you get a new TN
 
The reason why I didn't get it in November was because I thought I couldn't renew my TN so soon before the expiry? I'm not entirely sure...

One more question, do you know where is the closest border for a new TN petition? Last time I flew back to Toronto Pearson from NYC. Any POE that is closer or that I can drive to?!

Thanks again nelsona!!
 
You must log in or register to reply here.
Top