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TN denied by USCIS after being approved at the Border

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  • TN denied by USCIS after being approved at the Border

    Hi Everyone,
    I have recently received a job offer from the US, and the immigration lawyer has strongly advised me to file with USCIS. His argument was that my file will be reviewed by the USCIS even after I received an approval at the border, and can be potentially denied. He continued that if such a situation I will have only 24 hours to leave the US! I find this line of argument a bit puzzling since:

    a- I have searched extensively and even wrote a bot to help me with the search, but I have not found a single instance of such a case happening. I was wondering if anybody has ever heard of such a case, and if not, whether this is at least a viable hypothetical possibility?

    b- I am also puzzled by the consequences of being denied by the USCIS, since I am a Canadian citizen, and I should be able to stay in the US at least as a visitor. So I don't see why I should leave the country in 24 hours.

    Can you please help?


  • #2
    If you are approved at the border, you do not need to file with USCIS. You are right the reasoning does not make sense. And yes, as a Canadian you can be in the USA, you just cannot work so as long as you don't work if you are denied, then you should be okay. Good luck and post what you find out in terms of why the lawyer told you to do that.
    This is not to be construed as legal advice or the establishing of an attorney client relationship.


    • #3
      The only time it makes sense to file with the USCIS for TN is if:
      1. You are already in the USA and going to the border to renew TN would be burdensome
      2. You were denied at border and are applying under a job class that is notorious for fraud and high scrutiny, such as a management consultant

      Get a new lawyer, he is either incompetent or being slimy. You don't need to apply if approved at border, and going through USCIS will take several months.

      You really don't need to involve lawyers for most TN applications... just a copy of your job offer including a detailed description of your title & duties, and the required licensing for the profession (such as your degree).


      • #4

        You have to leave USA by the date of you I-94, which can be found online. If your TN is revoked you will be out of status but you will not accrue unlawful presence until after your I-94 expires. You have no right to be in USA as a Canadian, you will not automatically switch to a B2 visitor after TN expires.