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Top Three TN1 Visa Mistakes To Avoid

"What should I watch out for while applying for my TN Visa?" and "Why do people get denied?"

These are common questions asked of TN Visa Expert and we have narrowed it down to three key areas that result in denial of their TN Visa (officially known as TN Status).

If you think this does not apply to you, do not hastily jump to this conclusion; your future is at stake. Ensure you have taken the necessary steps to be fully prepared in these three areas.

Problem #1: Intent to Stay

Admission to the US as a TN-1 temporary worker can be pretty straightforward if you've prepared your materials properly and you are responsive to the Inspector's questions. However, be advised to take precaution at the border. It is very simple for an Inspector to turn an applicant away. Especially when there is a question about the individual's eligibility for admission, whether they have traveled around the world or not to reach this particular destination. While it happens every day, INS sends such prospective entrants back where they came from. You need to prepare yourself, even more fully than the folks who fly in and are inspected on US soil.

One of the reasons for turning away a TN1 applicant is the failure to establish nonimmigrant intent, and perceived ineligibility under the Treaty's Schedule of Occupations.  Remember that the TN Visa is not a dual-intent classification, and you have to be able to establish, to the satisfaction of the INS Inspector, that you will return home at some point in the future.

Property ownership, a job to which you will return, and an offer of employment specified to begin at a future date are all examples of ways in which to prove that you'll return home.  The Inspector may not bring up the issue of intent at all if the Employment Letter makes it sufficiently clear that the position is temporary or that you will fill it on a temporary basis.

Occasionally a prospective TN Visa Applicant, who is married to a US citizen and resides with the spouse and perhaps other family members in one of the other NAFTA countries, wishes to work in the US under the terms of the Treaty. Inspectors are trained to recognize marriage to a US citizen as "prima facie," evidence that an applicant for entry who is married to a US citizen plans to remain in the US. Some Inspectors regard this as incontrovertible, and cannot be convinced that a US citizen might choose to live indefinitely outside the United States. To the extent that this can be overcome, the same kind of documentation is presented by the spouse as principal: If the spouse has a job in which she/he will return, or if there is jointly owned property, this evidence should be at hand to show the Inspector.

If your situation does not clearly show intent for temporary stay, do not despair, you can still qualify for the TN Visa and successfully obtain the TN Visa. Situations such as not owning any property in Canada and being offered a full-time job do not exempt you from obtaining the TN Visa.

The TN Visa Expert Kit addresses these unclear situations and explains how you can successfully obtain your TN Visa. Furthermore, consulting the Lawyer Network can be an asset where an experienced Immigration Lawyer will answer your specific questions in this area during the phone call so this will not be a concern when you apply for your TN Visa.

Remember, you want to be confident and well prepared when you apply for your TN Visa and when you speak with the Immigration Officer. Most importantly, you want to be successful and minimize your chances of denial. Make informed decisions before heading to the border.

Problem #2: Job Title Specification

The NAFTA Schedule of Occupations (NAFTA Job List) that are available to TN Visa applicants under NAFTA is relatively limited, and titles from the Schedule more often than not don't correspond neatly to "real life" job titles. The TN Visa Employer Letter should make it clear that you're going to be employed in one of the occupational areas that appear on the Schedule.

The letter should be fairly brief.Avoid a letter that suggests long-term employment or subsequent immigration benefits to be sought, such as a green card. Lengthy offer letters with much discussion of benefits and other perks are also subject to be discarded.

The TN Visa Expert Kit explains how to determine which NAFTA Occupation your "real life" job title corresponds with. In most cases, when you follow the instructions in the TN Visa Expert Kit, you can quickly determine this. There are many situations when you should seek consult from an experienced Immigration Lawyer to determine which Occupation you should apply under. Here are some situations when you should do so:

  • You want a professional to quickly determine the right NAFTA Occupation for you
  • You are unsure if you've chosen the correct NAFTA Occupation
  • Your degree or experience is not in the same field as the job you are applying for

Problem #3: Presentation of Documentation

Incomplete or improper documentation causes many people to be denied their TN Visa. It is also one of the most common problems because most people assume they have sufficient documentation, and are then surprised when the Immigration Officer is asking for additional documentation to corroborate the applicant's claims.

While TN Visa documentation does not need to be as elaborate as that compiled for other submissions to U.S. Immigration Services, it should be comprehensive for the factors related to the occupation and requirements of the Agreement. These include the entrant's qualifications (in terms of education as well as licensure, if the latter is a factor) and experience. Experience is required in some occupations, but it is always useful to document an applicant's experience even if it's not formally required.

If they can be added conveniently, inclusion of examples of articles or other evidence of the applicant's accomplishments may be considered.

Do not attempt to "bulk up" the application unnecessarily.  Package the various materials neatly and securely. Always take a photocopy of the documentation you will be presenting.

The TN Visa Expert Kit will ensure you have complete documentation, explains how to prepare your documentation so it is well received, and how your documentation will show the Immigration Officer you are well prepared.  Attention to each of these steps minimizes the chances of the officer requesting additional documentation.

I just wanted to write you a quick note to say Thank You!

I purchased your TN Visa Expert kit recently, and applied Wednesday morning for my TN Visa at the Calgary Airport. Everything went very smoothly! I arrived at the airport at 5:00am for my 7:00am flight. After waiting in line to reach the Immigration Officials, I told the Officer that I wanted to apply for my TN status. He took me off to a back room and asked me to wait in a small waiting room with a couple of other people.

After waiting for about 25 minutes, an officer called me up to the counter and asked me for my paperwork. Thank God I bought your kit, I felt 100% confident that I had everything in order. I packaged everything very neatly in a portfolio fashion, and made sure to be dressed in a suit. The Immigration Officer told me to go sit down...after only about 5 minutes, she called me back up. Asked me for $50 USD and stapled the Multiple Entry TN Visa into my passport!

Thank you for preparing such a great kit. I actually purchased a different kit before I bought yours but it just was not very comprehensive. I appreciated that yours really was step by step. And providing examples of the Employment letters really helped my Employer and I create the most effective letter!

It was the best money I've ever spent and I would highly recommend that anyone going through this process should buy this kit!

The entire process was easy and smooth, thanks to the preparation of this kit! Now I get to follow my dreams working in Manhattan, NY! Thank you so much!
-Lisa P.