Expiring TN-1 Permit and Ramifications

[alembic 0]

Hi, I'm a TN-1 permit holder who's been working in the US since summer 2002. I purchased property in spring 2003. I was laid off this February. The current permit expires in early October. If I don't land another job with sponsorship, I know I have to leave the country before the permit expires.

Once I leave the US (to visit family in Canada), will I be able to return on a tourist visa as a Canadian national? Or is there a chance that INS may ban entry because I'm a property owner in the US without a job? If I'm reassured that I can re-enter the US, I'd keep my property and continue the job hunt from within the US. Otherwise I'd have to consider moving altogether and put the property up for rent/sale. Clearly I prefer not having to move at all.

I think I may need to confer with an immigration lawyer but any guidance based on experience would be greatly appreciated. Thanks.

[canadian_wife 1,822]

I had this EXACT issue when my work visa expired. You will have to show STRONG ties to Canada to re-enter the US as a visitor after spending 7 years working there. Your ownership of property in the US is actually a negative factor since it shows ties to the US, not to Canada. And yes, once you leave to visit Canada, there is a high chance you will not be permitted back in. Do not overstay your visa and plan on having a job, a lease/mortgage, Canadian bank account etc if you plan on re-entering as a tourist.

Good luck

PS - it has not been INS for many years, it is USCIS now. And they won't ban you, they will likely just refuse you entry. Tie up your loose ends before your work permit expires (and make sure your terminiation of employment did not also terminate your work visa as some classifications of work visas are only valid for that employer and once the job is gone, the authorization to stay in the US is also gone)

[alembic 0]

@canadian_wife - much appreciate the feedback. You've reinforced my suspicions about being refused re-entry if I make a short visit to Canada just to avoid overstaying my existing work permit.

Sort of makes the current job hunt during the next month or so very pressing if I want to avoid the trans-national logistics! Thanks again.

[canadian_wife 1,822]

Good luck - I'd seriously check into your current status in the US now that you are unemployed. Any overstay can greatly jeopardize your re-entrance into the US and can result in a ban if the overstay is too long.