TN boarder questions

S

ssliucy

Registered Users (C)
I will go to Toronto POE to get my TN status, I have two questions to prepare in case the immigration officer ask me:

1. My husband's company just file the Green Card application for him. He hasn't file I-140 yet this time. He had applied Green Card twice before in the previous companies, and he had filed I-140 in one of the previous company. He didn't proceed before because he changed companies very often (he has H1B). If the officer asks me whether my husband has applied for Green Card, what should I say? I think I have problem with the "immigration intention", do I?

2. If I am denied TN status, will I be able to come in right away using H4? I heard that the US immigration officer sometimes writes something on the boarding card to signal that you are denied. Also, the denied decision will be put into the database, and will pop up whenever you enter US again. I had kids here, I couldn't risk not being able to enter the US.

Thanks a lot,
SSL
 
1. If you have not submitted an I-485, then you do not meet the definition of immig intent.
2. You will be allowed in in H4.
 
Thanks a lot for your quick response, Nelsona.

I am just worry, I have heard the immigration officer at the boarder are very subjective. As long as they think you have the intent, they will just reject you, they don't need the solid reasoning and evidence to do that. I have problem demonstrating my strong tie to Canada, we all live in the US right now, we have property here, but no property in Canada. The only thing that I can show him about the Canadian Tie is my bank accounts, yeah, I have many friends in Canada, will that work? :(

The worse case had been that someone was banned entering the US for 5 years with the slightest provocation of mispresentation. I have small kids at home in the US, not sure whether I should risk it, should I?

Also, do you know how soon the USCIS response to a RFE? They received mine on Oct 13, and I am still waiting. I applied through Premium Process.
 
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TN does not require foreign residence. Even if you TN is denied you will be allowed entry on H4. Simply do not lie and there will be no question of being banned. And even if denied, if your mail-in has not been decided on, you will get that one approved eventually.

But if you wish to wait without going to border, feel free. You were the one saying you had no time to wait.

Here is another piece of advice, which proves that going outside US does not cancel I-129. You can always ask the officer -- before presenting your TN paperwork -- if your mail-in case has been approved. If it has, you should demand that you be granted entry based solely on that petition, and it will be done. This used to be common practice for TN when no premium processing was available, and one regularly travelled back and forth. You simply ask if it is approved, and if not, present border TN application, or enter on current status.
 
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Nelsona, thank you very much for the advices. Definitely provide a lot of insight.

The situation for me is that if I don't get TN by Oct 25, I may just lose the job.

I think if my mail-in-case is approved, they will send an email to my attorney, and I urge my attorney to check with USCIS every other day.

Let me think through with all the information available. Thanks a lot.
 
As I said, the earlier you go to the border an see if you can get a TN (I do not foresee a denial), then you will not impact your mail-in petition, since it will not have been decided upon.
 
ssliucy said:
As long as they think you have the intent, they will just reject you, they don't need the solid reasoning and evidence to do that.
Click to expand...

For H4 you can enter even if you have immigrant intent. There is no subjectivity involved. Nor has your husband reached the point where he would be considered to have immigrant intent. Nor would you be likely to be questioned about your husband's immigrant intent.

TN's can indeed be a bit subjective, but for the H4 there is simply no discretion involved--as long as you don't lie and have no criminal history, you WILL be let in on your existing H4 if it comes to that.

ssliucy said:
I have small kids at home in the US, not sure whether I should risk it, should I?
Click to expand...

If you want your kids to have a secure life in the USA then your best bet is to go to the border ASAP and get this taken care of. Having two parents, both with working status in their own rights, GREATLY reduces the risk that a family will have to uproot themselves in a sudden way that may be very traumatic for the kids.

You are worrying about specious immigration risks that don't really exist. The only REAL risk you've identified is that your employer will give the job to someone else if you vacillate too long on this. It's time for a trip to the border.
 
Thank you, CalGreenCard, you are absolutely right.

I am now trying to get the company to give me another TN Letter and I am still waiting, my previous one is addressed to USCIS, not POE, and it is about change to Status petition (H4->TN), which I think I couldn't use anymore. Since this time, I will go to the boarder and apply for TN directly.

Just have to try my best, for the family. Responsibilities never end.
 
ssliucy said:
I am now trying to get the company to give me another TN Letter and I am still waiting, my previous one is addressed to USCIS, not POE, and it is about change to Status petition (H4->TN), which I think I couldn't use anymore. Since this time, I will go to the boarder and apply for TN directly
Click to expand...

Good luck! Yes it does indeed sound like it would be best to get a new TN letter directly applicable to the border situation.
 
CalGreenCard said:
You are worrying about specious immigration risks that don't really exist. The only REAL risk you've identified is that your employer will give the job to someone else if you vacillate too long on this. It's time for a trip to the border.
Click to expand...

Amen, cal
 
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