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  1. #1
    Join Date
    May 2010
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    20

    Default TN Visa Denied, Now What

    I have been trying to get straight answers on what happens after a TN visa is denied at the border, but only seem to get a varitable smorgasboard of answers. Can anyone clarify any of the below questions for me??

    If a Canadian citizen gets denied renewal of a TN visa at the border, does the INS keep a record of this? (i.e. if the Canadian citizen tries to reapply a year later, will the INS know he was denied the previous year and why?)

    Is it considered an "overstay" if you go and try to renew a TN visa and are denied, but remain in the US?

    What happens if the denial was based on the immigration officer's inability to verify that the employment information given on the TN application is legitimate?

    Would this constitute fraud?

    Will this scenerio be later considered a "material misrepresentation" and prevent the Canadian from obtaining a green card or other legal status allowing his staying and working in the US?

    If the Canadian citizen was told by ICE that he must return within 10 days to the border with appropriate documentation (such as W2's) to prove the legitimacy of the employment, or return to Canada, and the Canadian citizen does neither, what happens?

    Does the INS keep a record of this, or will it just go away if the Canadian citizen who is out of status marries a US citizen?

    Will he be able to change status with a claim of "staying for love" if no action to correct the immigration violation was taken for more than a year after the TN visa was denied?

    What would one resonably expect after a change of status is filed in a case like this? As in, what kind of paperwork, fees, and investigation is likely to follow?

    Any clarification is GREATLY appreciated!

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: TN Visa Denied, Now What

    Your questions make it seem like you may intend to violate US laws based on the answers to your questions. Seek the advice of an attorney.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: TN Visa Denied, Now What

    If you are denied entry, there's a record. If you overstay your visa, you have overstayed your visa. If you lie about your employment, that could very well be deemed a material misrepresentation leading to a lifetime bar. If you're asked to document your claims and do not, you run the risk that the determination will be made that you attempted to commit fraud to enter the U.S., potentially resulting in a lifetime bar. If this is your history, you should consult an immigration lawyer to see what you can do to overcome these issues.

  4. #4
    Join Date
    May 2010
    Posts
    20

    Default Re: TN Visa Denied, Now What

    No, I am not intending on breaking the law, as this scenerio is not something I did. I am an American citizen, but the questions I asked are based on what someone I know did.

    When I confronted them about it, this person got very angry with me and told me that it was "no big deal". They told me that they consulted with 3 Canadian immigration attorneys who all assured my acquaintance from The Great White North that their scenario was the same as a plain old overstay, as if they had merely just not gone at all to try to renew their visa. I believe the exact wording that was used was "The marriage department wont know what happened at the border".

    When I pointed out that the "Marriage Department" probably wont know since the Bureau of Imaginary Administration is horribly inundated these days, and that the problem laid instead with the fact that in order to change their status, they would have to submit paperwork to an agency such as the INS (or DHS, whoever it goes to), and that agency would have a record of what happened, and the outcome would be a disaster, I was told I was totally wrong.

    From the research I've done on the law myself, I came to the same conclusions aaron mentioned, but I did also talk to 3 immigration attorneys myself and they didnt exactly agree. One said that this person did break the law but it might not have any negative repercussions, while another said this scenerio represents a "material misrepresentation" because it was both in writing on the immigration form as well as verbally expressed to the immigration officer, and the penalties are going to be harsh. Then a third attorney said it might not be documented and and this person will probably get away easily with their plan.

    I just keep hearing different things and wanted to know for myself what I can reasonably expect to be dealing with when it all hits the fan.

    Thanks!

  5. #5
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: TN Visa Denied, Now What

    One or the other of you will be able to sneer, "I told you so."

  6. #6
    Join Date
    May 2010
    Posts
    20

    Default Re: TN Visa Denied, Now What

    Actually Mr. Knowitall, if it does all blow up it will be a hollow victory... While I enjoy a good "I told you so" sneer as much as the next know-it-all, my being right also means I am going to have to try to explain to my 5 year old why the men in black are taking his daddy away in handcuffs. And, since trying to explain whats up with that lady his dad is "dating" has been sooooo much fun, I can hardly wait to tackle this sticky wicket.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: TN Visa Denied, Now What

    You don't get hauled away in handcuffs if you get denied for a visa or turned back at the border. You're just sent back where you came from.

    Although I guess if he did fly into a U.S. city without a visa and were determined ineligible for entry, it's not outside of the realm of possibility that he would be arrested and detained pending deportation.

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