John lulu

I am a Canadian commuter living in Canada and working in the US. I cross boader everyday. I made a silly mistake. Since I have been working 10 or 12 hours a day for the last a couple of weeks, I totally forgot that my TN visa has expired 4 days ago. When I cross boarder to work today, I was denied to go to the US and was sent back to Canada. The boarder officer suggested that I reapply for a new TN by providing 1) employment letter 2) a letter from employer stating why allowed me to work beyond status date. I have 2 questions:

A. Do you have any recommendations how to write the 2nd letter? It is not my employer’s fault. It is totally my fault. I forgot to renew the TN since I have been crazy busy (I know this is not an excuse).

B. Can I still work in the US if I have a denied entry record? I am afraid the officer will deny my TN application because I hold expired TN visa worked for 2 days.

Appreciate your help.

ian-mstm

A new TN visa is the only way to go. You'll definitely need a letter indicating that they want you to work for them, but I would not provide a separate letter stating that they allowed you to work when you were not eligible.


If you get the visa you can work, yes. To get the visa, you need to meet the eligibility requirements. I wouldn't worry about having worked those two days.

Bottom line - the worst that can happen is that they will deny the visa. You will not be arrested or thrown in jail. If you don't try, you'll never know.

Ian

John lulu

Ian, Thank you for your quick reply. I am going to bring employment letter, a letter from my employer indicating that they want me to work for them, copy of my degree to reapply TN tomorrow. Anything else you think will help me to convince the officer to issue me a TN visa? Thanks.

ian-mstm

I don't know where you live so this might not be an option for you, but if there's another border crossing nearby, it'd probaby help if you didn't get the same guy you got before. Good luck.

Ian

Folinskyinla

Hi:

First of all -- on the pedantic side of things. As a TN, you do not have a "visa." You apply at the border.

Also, the way you write up your post suggest that your "silly mistake" was in leaving the United States. The silly mistake was not in leaving, but not having your application ready when you returned. The leaving and returning happens to be a proper way to renew a TN.

I suggest you talk to the lawyer who prepared your TN application in the first place. I don't do TN's [my suite mate J Craig Fong does], but it strikes me that the POE people gave you correct advice. They need the proper application. Unless there is something you are not telling us -- it seems no biggie.

Good luck.

marielawson

Hi,

Do you know if TN status can already be granted/renewed for a 3 year period?

Thanks much,

Marie

ian-mstm

This was first bandied about in 2005 with an expected incpetion date of 2006. It's now 2008 and it's no closer to becoming a reality. This might happen in my lifetime... but likely not in the near future.

Currently, the TN visa is valid for only 1 year with unlimited renewals.

Ian

marielawson

I know the rule amendment proposal was already introduced and the new rule is likely to be approved anytime soon; in case it hasn't been already approved.

http://www.uscis.gov/files/article/T...ate_050608.pdf

Marie