What is the probability of getting a TN?

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GCGiveMeMy

Registered Users (C)
I'm a Canadian citizen. I arrived in the US some 12 years ago and have since been on F-1, H-1B, EAD and my GC is in jeopardy.

My employer has offered to sponsor me for a TN. Other than having a lot of relatives and friends all over Canada, I don't have ties - no assets, bank accounts, etc in Canada. I have the necessary qualification and documents to support a TN under a management consultant classficiation.

My attorney suggested we wait for my I-485 to be denied and then I can fly to Canada and return home in the US. So a US immigration officer would assess my TN application at say Toronto.

TN from what I know is offered for temporary employment in the USA and was not offered for those planning to live in USA permanently. Given the fact that I have expressed a clear intention to settle in the USA permanently through my application for a GC, I would like to know what is the probability of getting a TN.

Your response is appreciated.

Regards,
GrantEd
 
... and it would be incorrect to conclude that the 'instant' your I-485 is denied, your immig intent disappears, as this lawyer is suggesting. Some time in non-immig status (either H1 or moving back in canada) would be required to ensure that your intent demonstrated by I-485 was no longer the case.

If you were to try to get TN, I would be loathe to suggest you leave the US until you made concrete provisions for the likely contingency that you will be denied entry, like having brought with you all your important documents and indispensable posessons, and have instructed a friend/family member in US as to what to do with your US belongings.

Other that entry on H status, entry into US immediately after a GC denial is next to impossible.
 
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nelsona said:
... and it would be incorrect to conclude that the 'instant' your I-485 is denied, your immig intent disappears, as this lawyer is suggesting. Some time in non-immig status (either H1 or moving back in canada) would be required to ensure that your intent demonstrated by I-485 was no longer the case.

If you were to try to get TN, I would be loathe to suggest you leave the US until you made concrete provisions for the likely contingency that you will be denied entry, like having brought with you all your important documents and indispensable posessons, and have instructed a friend/family member in US as to what to do with your US belongings.

Other that entry on H status, entry into US immediately after a GC denial is next to impossible.
Click to expand...

You mean I can not enter the US even as a visitor or would be denied an entry to work? Denial of a TN and being barred from the USA are two very different things.
 
The entry requirements for TN ad B2 are similar; neither can have immig intent. You need to re-establish Cdn residency to be considered a visitor, even if you were able to overcome the I-485 issue. You said yourself, your home is in US.

So, H1 may be your only solution short-term.
 
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