TN visa cancelled, what are my options?

J

justifun

Registered Users (C)
I've been working in the US on 2 different TN visa's for the past 2 years with 2 different companies. Upon going to the border to get another one for the same company that i'm presently working for, the border claims that my original 2 were given to me incorrectly and that I am actually not qualified for receiving a new TN. They have given me 2 weeks (when my current TN expires) to pack up and leave the country.

I need more time to pack up my things and take care of my car etc. Due to the circumstances of my TN being cancelled, can i still apply for an extention of stay (i-539?) Or can i come back to the country as a visitor for period of time?

If so, i'm guessing that would be a B2 visa? How long do you they would grant me a visit?

What other options do i have that i might not of thought of?
 
Why didn't you mail it like I have told everyone else on this forum a thousand times!!!!!!!!!!!!!!!!!!!!!
 
I was working near the border and never expected that i would have been denied based on how well the previous 2 times went. I thought i would have been in and out.

Here's an update as to what i've found out so far. (from talking to the US and canadian borders)

I can leave my belongings in the US and have them shipped up at a later point. This includes my car. I can import it into canada in the future.

Since i lived in the US for over a year, and most of my belongings were from when i originally moved to the US from canada, I am exempt from paying taxes and some duties on all items valued under $10000 which i'm importing back into canada (except anything less than 6 months old). Taxes and duties would only apply the difference of the car if its valued over $10000.

I can return to the US as a visitor for up to 6 months since im a canadian citizen. This will allow me to tie up all my lose ends and figure out my next step.
 
Am i allowed to try again via mail?

I believe how things were left at the border, they marked that my visa was unqualified, and that i had a allowance to stay till my current one expires....

I'm still technically allowed to work until the visa expires, so i guess its still "sorta" valid?

Just to make sure im understanding the mailing in approach benefits...
- It will take a while for them to process it, and in that time im allowed to stay in the US.
- It could possibly be approved like the first 2 were?
 
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justifun said:
I believe how things were left at the border, they marked that my visa was unqualified, and that i had a allowance to stay till my current one expires.... I'm still technically allowed to work until the visa expires, so i guess its still "sorta" valid?
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CBP isn't the sole determinant of whether you are qualified. Why did they say you were "unqualified"?

If they let you re-enter on your existing TN, then you have been legally admitted and can seek an extension of status; you can stay and work while it is pending. I'd make sure you address the concerns CBP had in your extension petition; but if you got two TNs in the past I'd suggest that your odds for a renewal aren't bad.
 
The issue was that my post secondary diploma was not from a course of a minimum of 2 years course. Not something i can just "fix".

Correct me if im wrong, but i've heard that multiple years experience can account for and make up lesser amount of school requirements. EG: for every 3 or 5 years of work experience, it counts towards 1 year of schooling. Is this true for TN visa's? I have 9 years work experience.
 
justifun said:
The issue was that my post secondary diploma was not from a course of a minimum of 2 years course. Not something i can just "fix".
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Ugh. You do have a problem - is this your only post-secondary education?

Correct me if im wrong, but i've heard that multiple years experience can account for and make up lesser amount of school requirements. EG: for every 3 or 5 years of work experience, it counts towards 1 year of schooling. Is this true for TN visa's? I have 9 years work experience.
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This is true for the H, but not the TN.
 
Yes unfortunately, that's all my post secondary education.

Were the other 2 visa's actually given in error then?

Is it still worth it to try and apply again via mail?
 
If indeed you are ineligible, you were very lucky that the CBP (a) allowed you back in at all, and (b) allowed you in on your existing TN.

Their correct action -- if indeed they thought you were ineligible for TN -- was to pull it right there.

Then, they had the option, if they felt charitable, to give you a formal B2, with a specific expiry date (say 2 weeks), for you to pack and leave.

The fact that they let you back in on TN, give you a huge break! You now have 2 options:

1. Put the denial behind you. The actions of CBP have no bearing on CIS. Have the company file for TN extension, submitting and I-129 and documents to CIS by mail, no later than your TN expiry date. This allows you to keep working -- at least until you get a formal denial. The only problem with that is that you have to stay in US from now on until you hear back from CIS. Use the time to keep working, but to also prepare to leave whene the denail comes in 3-4 months.

2. Assume that CBP was correct and that you can't get TN. You should then submit an request for B2 with I-539 for 6 months to wrap up US affairs. This does not permit you to work, but will give you time to wrap up your US affairs. Like the other scenario, you need to stay in US until the moment you wish to leave for good, or you risk getting shut out.

I wouldn't worry too much about the mechanics of getting your stuuf back into canada at this point. You are a returning resident, there are forms, etc that need to be filled. But you have time on your side, once you file I-129 or I-539.
 
... and just so we are clear. Your cdn citizenship alone does NOT entitle you to stay six months in US as a visitor. This is a widespread misconception, that any border officer would be thrilled to disabuse you of -- by denying you re-entry.

To enter US as a visitor you must (a) show that you have solid and permanent residential ties outside US, and (b) show no signs of planning to stay in US any longer than what is agreed upon when entering.

This applies to anyone entering US, including Cdns.

Right now, and until you get a Cdn lease, utility bill, phone , drivers license etc, -- and carry proof thereof -- you aren't in a position to be allowed in as a visitor.

That is why the need to stay in US from now until you either get another TN by mail, or you are ready to leave for good.
 
Thanks for your help Nelsona.

Just to clarify, do i file the I-129 now, and the I-539 later? or both at once?

Or only the i-539 once if the i-129 is denied?

thanks
 
No, right now, you choose one or the other.

I would file i-129 and keep working.

Once denied, you probably won't be able to file I-539 to get B2 then. You would be told to stop working and leave in your denial notice, and would be considered out of status. You need a status to file i-539. You should be using the next few month prepping for departure until your denial comes in.
 
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justifun said:
Yes unfortunately, that's all my post secondary education.

Were the other 2 visa's actually given in error then?

Is it still worth it to try and apply again via mail?
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Justifun;
At which POE did this happen to you?
This sounds like what happened to me at the Blaine Truck Crossing back on Halloween day except that CBP invalidated my current TN at the same time so I'm now in Canada.
Do what Simsd and Nelson are suggesting, mail it in PRONTO!
 
webtiger said:
Justifun;
At which POE did this happen to you?
This sounds like what happened to me at the Blaine Truck Crossing back on Halloween day except that CBP invalidated my current TN at the same time so I'm now in Canada.
Do what Simsd and Nelson are suggesting, mail it in PRONTO!
Click to expand...

Webtiger, what is your education and the job you were applying TN for? I'm asking since I go to Blaine Truck Crossing for my TN and was yelled at by the CBP officer because of my education and job except the officer's boss decided to grant me the TN.
 
2 year Programmer/Analyst at CDI in Burnaby BC which I had used successfully since 1997 at Blaine Truck Crossing AND via mail-in applications.
Always under Scientific Technician Technologist working in support of a Bachelor of Computer Science or Bachelor of Computer Information Systems engineer.
This time they denied me because nothing that I had from CDI showed the course START and course END dates.
My sponsoring company had done a mail-in but unknown to me the mailed it to the California Service Center and not Vermont where it was supposed to go.
By the time they found out what had happened they needed me to start the next day.
 
Nope, I was told NOT to come back for a Sci-Tech TN and they put that in the denial notes in the system.
I know this because when I crossed as B-2 to retrieve my 3 bedroom household the supervisor read the notes to me while his officer was doing the B-2.
 
That really sucks. Both me and my wife would be pretty devastated if this happens to us. I hope you have found a new job in Canada and all settled.

One thing I still don't understand is how can they deny your TN and won't let you apply again simply because your document does not say the length of your course. If you are just missing the dates, why can't you go back there with the documents they need and reapply? Is there any other reason they denied you?
 
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