TD to TN

megcan

New Member
I am living in US on TD visa for the last 2 years. Now I have a job offer for a CSA job with a consulting agency. I am wondering if I will risk my present status if I go to the border for a TN visa. What is my best option for changing to a TN visa, go to the border or apply a mail in? My employer is flexible, he can wait until I get the visa. Please advise me how should I proceed. If there is anybody that got a first time TN as a mail in, please share your experiences. Thank you.
 
What risk? Your spouse is still tn, no? You can't lose youtr TD until you divorce.

Go to the border, or pay the $1300 for mail-in. Or pay $3000 for mail in but give up 3 months of salary.
 
Thank you for the response, nelsona. Yes, my husband is on TN (his 3rd year). What if the poe officer thinks that we have no immediate plans of returning to Canada, since I am already living here for 2 years and continue to do so? I don't want to see a rejection.
 
If your husband has a valid TN, and you have a valid TD, there is no need for the two of you to have IMMEDIATE plans to return to Canada. When your status expires you either apply for new TN/TD or return to Canada at that time. I don't see that you are "risking" anything; if you have a TN-acceptable job offer and the required qualifications there's no reason not to apply. If you continue to have doubts, pay for a consultation with a lawyer who is familiar with TN cases.
 
You've gotten some good info here and here's something else to assist:

You already know you can't lose your TD status since your husband is on a TN.

When you're applying for your TN, remember you are eager to contribute to the US economy legally since you're already in the U.S. Also, when your husband's TN completes you can then make a decision as to your options (move back to Canada, stay in the U.S.).

There are many ways to look at a situation, you just have to convey the situation so it works for you and you can show it to the officer.

Finally, no one knows what the future holds - create it as you wish for the current moment.

Some border tips:
- Answer only the questions that are asked and don't try to explain anything additional.
- Answer as briefly as you can
- Don't chit chat (many people put their foot in their mouth and get denied)
- Smile and just listen to the officer

Read the article on Common TN Visa Mistakes to Avoid to help you prepare for the border.
 
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