Urgent! Help! Can I apply for TN status both to USCIS and at POE?

mercyluta

New Member
I applied for my TN visa by submitting I-129 form to USCIS (premium process) recently. However, I received a RFE notice from USCIS, and asked me to submit evidence. I submitted what they asked for. But USCIS said the final decision needs at least another 14 days after response to RFE.

I can't wait for the decision from USCIS and the company has told me if I don't show up in the next few day, they will hire someone else.

Can I go to the Port of Entry to apply for TN status directly while waiting for USCIS's decision? Do I need to withdraw my application to USCIS if I want to try POE?

Thanks a lot,

M
 
If you go to the border and are approved, withdraw your I-129 petition immediately afterwards. This will avoid possible later denial invalidating your border TN.
 
If you go to the border and are approved, withdraw your I-129 petition immediately afterwards. This will avoid possible later denial invalidating your border TN.
Hi Nelsona,

Thanks very much for your advise. I have the following questions to ask:
1) Should I withdraw the USCIS application before I go to the border or after I go to the border and get the TN approval?
2) At the POE, will the officer be able to see (from the computer, whatever) that I already filed an application with USCIS? Will he ask me about that?

Thanks a lot!

M
 
1, No, afterwards will suffice, and only if you are approved. You won't know until you actually get it.
2. He might, but that does not matter, it is done all the time. Besides, CBP likes to think that they should adjudicate TNs, not CIS, so they will be happy to do yours.
 
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