London7

hi

have posted before.

I plan to obtain Tn visa once i gain citizenship here. (canada). am eligible under NAFTA

are there any restriction ie purchase of prpoery/kids attending schools/health etc???

cheers

London7

excuse spelling - am exhausted!!!!

canadian04

TN is a non-immmigrant visa, so yes, you have to prove at point of entry that you have sufficient ties to Canada and will return at the end of the one-year TN admission.

Kevin Keane

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

London7 wrote:

    >
    > hi
    >
    > have posted before.
    >
    > I plan to obtain Tn visa once i gain citizenship here. (canada). am
    > eligible under NAFTA
    >
    > are there any restriction ie purchase of property

You can purchase property - anybody can, even somebody who never set foot on
US soil. Do keep in mind that home ownership may be evidence that you may
plan to settle permanently in the USA.

    > kids attending schools

Kids would be eligible for TD status (incidentally, even if they are not
Canadian citizens), and would be allowed to attend public schools free of
charge, or private schools for the applicable tuition.

    > health etc???

There is no universal health care in the USA, so you'd be responsible for it
the same way anybody else is: by signing up for health insurance through
your employer, coming up with your own health insurance, or paying
out-of-pocket for everything.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.0 (GNU/Linux)

iD8DBQFDLhtryUlVTFdHXskRAiTnAJ9ZNXVgue/UFr7VK7JL776VtyjmdwCeNEzg
dajIAdRwhnJTHMa1TvBedAo=
=e9Uy
-----END PGP SIGNATURE-----

London7

great thanks.
i was out to dinner with a few canadian friends on fri and they all new people who had entered the us on a TN and settled eventually, as apparently you can get extensions etc.
i guess that would mean the green card then to stay long term?
also, at the border, my friend did not have to prove her ties to canada, just had to show job offer and degree etc.
thanks.

Kevin Keane

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

London7 wrote:

    >
    >> -----BEGIN PGP SIGNED MESSAGE-----
    >> Hash: SHA1
    >> London7 wrote:
    >> >
    >> > hi
    >> >
    >> > have posted before.
    >> >
    >> > I plan to obtain Tn visa once i gain citizenship here. (canada). am
    >> > eligible under NAFTA
    >> >
    >> > are there any restriction ie purchase of property
    >> You can purchase property - anybody can, even somebody who never set
    >> foot on
    >> US soil. Do keep in mind that home ownership may be evidence that you
    >> may
    >> plan to settle permanently in the USA.
    >> > kids attending schools
    >> Kids would be eligible for TD status (incidentally, even if they are
    >> not
    >> Canadian citizens), and would be allowed to attend public schools free
    >> of
    >> charge, or private schools for the applicable tuition.
    >> > health etc???
    >> There is no universal health care in the USA, so you'd be responsible
    >> for it
    >> the same way anybody else is: by signing up for health insurance
    >> through
    >> your employer, coming up with your own health insurance, or paying
    >> out-of-pocket for everything.

    > great thanks.
    > i was out to dinner with a few canadian friends on fri and they all new
    > people who had entered the us on a TN and settled eventually, as
    > apparently you can get extensions etc.

Yes, a TN can be extended in one-year increments, and theoretically
indefinitely (but after about five years, USCIS will ask questions about
your intent to ever return to Canada).

    > i guess that would mean the green card then to stay long term?

Yes. Note that starting the GC process will also interfere with your ability
to renew the TN, since it is evidence that you do plan on staying
indefinitely.

    > also, at the border, my friend did not have to prove her ties to canada,
    > just had to show job offer and degree etc.

The officers usually don't openly ask about ties to Canada. Rather, they
look for subtle clues, both in how and what you present at the border, and
also in what they see listed in the computer.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.0 (GNU/Linux)

iD8DBQFDL6S/yUlVTFdHXskRAkXmAKCjnsmwaUTSGMClQoPvEocgihH+bgCeLC PE
agtm9VZfxpyo46gW6AYUn74=
=lGG5
-----END PGP SIGNATURE-----

London7

ok thanks, what do you mean by on the computer??

Kevin Keane

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

London7 wrote:

    >
    >> -----BEGIN PGP SIGNED MESSAGE-----
    >> Hash: SHA1
    >> London7 wrote:
    >> >
    >> >> -----BEGIN PGP SIGNED MESSAGE-----
    >> >> Hash: SHA1
    >> >> London7 wrote:
    >> >> >
    >> >> > hi
    >> >> >
    >> >> > have posted before.
    >> >> >
    >> >> > I plan to obtain Tn visa once i gain citizenship here. (canada).
    >> >> > am
    >> >> > eligible under NAFTA
    >> >> >
    >> >> > are there any restriction ie purchase of property
    >> >> You can purchase property - anybody can, even somebody who never
    >> >> set
    >> >> foot on
    >> >> US soil. Do keep in mind that home ownership may be evidence that
    >> >> you
    >> >> may
    >> >> plan to settle permanently in the USA.
    >> >> > kids attending schools
    >> >> Kids would be eligible for TD status (incidentally, even if they
    >> >> are
    >> >> not
    >> >> Canadian citizens), and would be allowed to attend public schools
    >> >> free
    >> >> of
    >> >> charge, or private schools for the applicable tuition.
    >> >> > health etc???
    >> >> There is no universal health care in the USA, so you'd be
    >> >> responsible
    >> >> for it
    >> >> the same way anybody else is: by signing up for health insurance
    >> >> through
    >> >> your employer, coming up with your own health insurance, or paying
    >> >> out-of-pocket for everything.
    >> > great thanks.
    >> > i was out to dinner with a few canadian friends on fri and they all
    >> > new
    >> > people who had entered the us on a TN and settled eventually, as
    >> > apparently you can get extensions etc.
    >> Yes, a TN can be extended in one-year increments, and theoretically
    >> indefinitely (but after about five years, USCIS will ask questions
    >> about
    >> your intent to ever return to Canada).
    >> > i guess that would mean the green card then to stay long term?
    >> Yes. Note that starting the GC process will also interfere with your
    >> ability
    >> to renew the TN, since it is evidence that you do plan on staying
    >> indefinitely.
    >> > also, at the border, my friend did not have to prove her ties to
    >> > canada,
    >> > just had to show job offer and degree etc.
    >> The officers usually don't openly ask about ties to Canada. Rather,
    >> they
    >> look for subtle clues, both in how and what you present at the border,
    >> and
    >> also in what they see listed in the computer.
    >> - --
    >> Please visit my FAQ at http://www.kkeane.com before asking a question
    >> here.
    >> It may answer your question. Remember, I am strictly a layperson
    >> without
    >> any legal training. I encourage the reader to seek competent legal
    >> counsel
    >> rather than relying on usenet newsgroups.
    >> -----BEGIN PGP SIGNATURE-----
    >> Version: GnuPG v1.4.0 (GNU/Linux)
    >> iD8DBQFDL6S/yUlVTFdHXskRAkXmAKCjnsmwaUTSGMClQoPvEocgihH+bgCeLC PE
    >> agtm9VZfxpyo46gW6AYUn74=
    >> =lGG5
    >> -----END PGP SIGNATURE-----
    >
    > ok thanks, what do you mean by on the computer??
    >

All the ports of entry are networked with headquarters in Washington, D.C.,
as well as with all the consulates. That may allow officers at the POE to
look up your entire immigration history, and anything you ever told any
immigration official. At least you should work under the assumption that
they have access to your whole history.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.0 (GNU/Linux)

iD8DBQFDMQ1syUlVTFdHXskRAt1wAJ4x8Vr4ua4WnEyTmUinF7 gP0s+k9QCfT/Hc
W5hgOTwoUKmEZt/zvuwtmx8=
=aEHk
-----END PGP SIGNATURE-----

Jonathan McNeil Wong

Kevin Keane (see Web site for email) wrote:
    > -----BEGIN PGP SIGNED MESSAGE-----
    > Hash: SHA1
    >
    > London7 wrote:
    >
    >
    >>>-----BEGIN PGP SIGNED MESSAGE-----
    >>>Hash: SHA1
    >>>London7 wrote:
    >>>>hi
    >>>>have posted before.
    >>>>I plan to obtain Tn visa once i gain citizenship here. (canada). am
    >>>>eligible under NAFTA
    >>>>are there any restriction ie purchase of property
    >>>You can purchase property - anybody can, even somebody who never set
    >>>foot on
    >>>US soil. Do keep in mind that home ownership may be evidence that you
    >>>may
    >>>plan to settle permanently in the USA.
    >>>>kids attending schools
    >>>Kids would be eligible for TD status (incidentally, even if they are
    >>>not
    >>>Canadian citizens), and would be allowed to attend public schools free
    >>>of
    >>>charge, or private schools for the applicable tuition.
    >>>>health etc???
    >>>There is no universal health care in the USA, so you'd be responsible
    >>>for it
    >>>the same way anybody else is: by signing up for health insurance
    >>>through
    >>>your employer, coming up with your own health insurance, or paying
    >>>out-of-pocket for everything.
    >
    >
    >>great thanks.
    >>i was out to dinner with a few canadian friends on fri and they all new
    >>people who had entered the us on a TN and settled eventually, as
    >>apparently you can get extensions etc.
    >
    >
    > Yes, a TN can be extended in one-year increments, and theoretically
    > indefinitely (but after about five years, USCIS will ask questions about
    > your intent to ever return to Canada).
    >
    >
    >>i guess that would mean the green card then to stay long term?
    >
    >
    > Yes. Note that starting the GC process will also interfere with your ability
    > to renew the TN, since it is evidence that you do plan on staying
    > indefinitely.
    >
    >
    >>also, at the border, my friend did not have to prove her ties to canada,
    >>just had to show job offer and degree etc.
    >
    >
    > The officers usually don't openly ask about ties to Canada. Rather, they
    > look for subtle clues, both in how and what you present at the border, and
    > also in what they see listed in the computer.
    >

Traditionally, POE officers have not asked about 214(b) (immigrant
intent, ties to Canada) for at least the first three years; this on the
basis that TNs should be treated like H-1Bs under which three years of
temporary employment is routine.

I find that the questions mostly arise when a TN has been renewed with
the same employer for four or more years; the questions get quite
intense if the renewal is for a seventh year since that's beyond the
H-1B cap.

With the reorganization and integration of non-legacy INS officers into
CBP, this may break down. Already I am seeing many bonehead mistakes
made by poorly-trained CBP officers. Last Friday, one of my H-1B
clients traveling with a ward (not a blood relative; he has
guardianship) had trouble getting her admitted as a B-2, which is the
proper classification for dependents of H-1B aliens who are not actually
children or spouses. The CBP officer insisted that the ward was
supposed to have an H-4 visa, which is just wrong.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============