Anna Newyork

my fiance had a TN for one year and has been working in NY. He flew
back to Canada to get another one. the guy at the border was all ready
to grant the TN when a second guy came by and decided to look into it.
after 1.5 hrs of questions, he typed a bunch stuff into the computer,
he fingerprinted him, photographed him, took away his first TN (which
still had one month time left), and denied his TN. he said my fiance
had the wrong visa, that he should get his company to apply for an H1 -
the quota for H1s for this year have been met already. my fiance was
supposed to fly back this friday and return to work. all of his stuff
is here in NY. we have 2 problems: one is to get a working visa, the
other is to get him back to NY. is there anyway to get him another TN?
what are the consequences of trying again? can they ban him from
entering the US completely? can they ban him from entering the US this
Friday even if he doesn't apply for TN status? ANY advice would be
greatly appreciated.

anna

Sylvia Ottemoeller

Your fiance should consult with a immigration attorney with expertise in TN
status.

It's possible that the officer made a mistake and your fiance is really
eligible for TN status -- it depends on the facts of the case. But he will
have to have a very carefully prepared case, extremely well documented. A
good lawyer can help him find out what went wrong and what the chances of
success would be. He can then make a decision about whether to try again.

<[email protected]> wrote in message
news:[email protected] oups.com...

    > my fiance had a TN for one year and has been working in NY. He flew
    > back to Canada to get another one. the guy at the border was all ready
    > to grant the TN when a second guy came by and decided to look into it.
    > after 1.5 hrs of questions, he typed a bunch stuff into the computer,
    > he fingerprinted him, photographed him, took away his first TN (which
    > still had one month time left), and denied his TN. he said my fiance
    > had the wrong visa, that he should get his company to apply for an H1 -
    > the quota for H1s for this year have been met already. my fiance was
    > supposed to fly back this friday and return to work. all of his stuff
    > is here in NY. we have 2 problems: one is to get a working visa, the
    > other is to get him back to NY. is there anyway to get him another TN?
    > what are the consequences of trying again? can they ban him from
    > entering the US completely? can they ban him from entering the US this
    > Friday even if he doesn't apply for TN status? ANY advice would be
    > greatly appreciated.

kwisking

You could also look into a fiance visa. This visa is designed to let your fiance into the US for the wedding so you would have to get married within 90days of entering the US. After you get married you would immediately apply for an Adjustment of Status based on marriage to a US Citizen, then your husband will get a temporary work permit for a year.

Ask for some more info on the Marriage to a US Citizen board.

Good Luck