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TN Visa being in USA

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jorged23
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TN Visa being in USA

Post by jorged23 » Sat Dec 24, 2005 5:56 pm

I am Canadian citizen. I am going to Florida on January.

I have possible job offers and want to apply for TN visa status.
If I get a job offer, I should apply on the port of entry in Toronto. The problem is that I am afraid that if my TN visa is rejected for any reason, the immigration officer won't let me go back to Miami again. May this happen ? Can I just stay in the border ? or how it works ?

It would be a big trouble since I am planning to leave Canada and stay in USA for 3 or 4 months to keep applying for jobs. Any sugestions ?

Kayalami
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Post by Kayalami » Wed Dec 28, 2005 10:01 pm

TN has specific requirements which if you don't meet then you won't get admission. These include:

1. Canadian or Mexican citizenship. Canadians can apply for TN at a POE, Mexicans must apply for a TN visa from a US consulate.

2. Employment in a job that requires a minimum undergraduate/bachelor degree which you must hold. Unlike the H1 there is no 'experience equivalent' in lieu of the degree.

3. TN is non immigrant visa issued for max 1 year duration. Most employers will thus specify that the period of employment is of no more than 12 months duration.

So as a Canadian you need to show the POE inspector a contract/letter of employment backed up with the relevant documents to include evidence of Canadian citizenship. You will pay a filing fee (currently) 50 US dollars. Most POE's have a NAFTA Inspector/s who are on the ball with these things. Toronto (Pearson) has Pre-clearance so if you get issues you can always withdraw your application for admission and retain various judicial rights being on Canadian soil.

Depending on the reason for refusal where you proceed with the application such may or may not impact on chances of re-entry. If Inspector believes that you are an intending immigrant, have falsified documents etc then US re-entry is obviously not an option likely in the long term or even never. If refusal due to lack of enough evidence to show TN criteriea then the Inspector could tell you to come back again better prepared. I suggest you check the NAFTA handbook for a heads up on the TN.

Even if you re-enter the US you can never work without authorisation so if you don't have TN (or other appropriate visa) then you are effectively putting the noose round your neck.

hope that helps

jorged23
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TN Visa being in USA

Post by jorged23 » Thu Dec 29, 2005 4:19 am

Thank you Kayalami.

Yes, I know all the process and I have all requeriments for TN. I just need a job offer.

There are two POE in Toronto. One on Buffalo and other one in the airport.

A friend of mine told me that I can do the next:
- Get a job offer in Miami
- Fly to Toronto and drive to the main border closer to Toronto (Niagara-Bufallo ).
- Apply for TN. If I obtain the TN status them go back to Pearson airport in Toronto to fly back to Miami
- If I don't get the TN, try to fix the problems, then apply again in the border in Buffalo
- If am not successful then go back to the Toronto airport and fly back to Miami under tourist B1/B2 again.

What do you think ?

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