Tn1/Flagging/marriage!

[milly7 0]

Hello all,

I am so glad that I have found this site.

I will keep it brief. I am a UK/Canadian citizen living near Vancouver.

I am an attorney in WA state and England. My goal is to apply for TN status this summer.

In 2007,I met an American guy in Seattle and we started dating, all was well unil Feb 2009, when a nasty Officer took me into secondary, took my cell phone off me, detained me for 4 hours and gave me a real hard time. I was not refused entry, but told to always carry ties. i am now flagged in the system and am detained each time I cross..

To be fair most Officers are nice, and are sympathetic, however, it is still stressful. I cross around once a month, my boyfriend visits me more since my flagging.

My boyfriend and I have been talking of marraige for sometime.

Hes keen to get it on and file asap.

I am of the view I should wait until July, obtain my TN and then apply to adjust status later....the reason I say this as its quicker for me to get in via the TN and get working,if the spousal visa is filed in the next month or so, its my understanding it takes around 12 months, as montreal is backlogged....is this correct???

My boyfriend fears the Tn could be refused and then we would have lost 6 months,I told him TN's are usually granted to Attorneys.

So, any feedback would be appreciated...on all my queries...its such a minefield and I want to be smart about my decisions as I am learning that US immigration can be very complicated!

Anyway, nice to meet you all!

[JimVaPhuong 4,863]

TN status is no guarantee you'll get into the US. Since the status is adjudicated at the border, it can also be revoked at the border. The same people who decided to flag you and grill you for four hours are now going to determine if you get your TN status, and if you get to keep it each time you cross the border. Unlike the more conventional H1B, there is no "dual intent" with a TN. If they suspect you intend to immigrate, they'll revoke your status and deny you entry. Obviously, they already suspect this because they've flagged you. Whether or not they usually grant TN status to attorneys is irrelevant. You're already in their system as suspicious.

A spousal visa is a safer alternative. You'll get a green card shortly after entering the US, and you'll be able to work. You are correct - it's currently taking about a year between petition and visa for a CR1 through Montreal. You'll have to get married before your boyfriend/husband can submit the petition. I presume you've got an offer from a firm in the US. Will they wait for you?

[milly7 0]

TN status is no guarantee you'll get into the US. Since the status is adjudicated at the border, it can also be revoked at the border. The same people who decided to flag you and grill you for four hours are now going to determine if you get your TN status, and if you get to keep it each time you cross the border. Unlike the more conventional H1B, there is no "dual intent" with a TN. If they suspect you intend to immigrate, they'll revoke your status and deny you entry. Obviously, they already suspect this because they've flagged you. Whether or not they usually grant TN status to attorneys is irrelevant. You're already in their system as suspicious.

A spousal visa is a safer alternative. You'll get a green card shortly after entering the US, and you'll be able to work. You are correct - it's currently taking about a year between petition and visa for a CR1 through Montreal. You'll have to get married before your boyfriend/husband can submit the petition. I presume you've got an offer from a firm in the US. Will they wait for you?

Hi Thanks for the reply!

Yes, I have an offer..I doubt they would wait indefinetly.

I have spoken to several Immigration lawyers and senior officers at the border who both advised being flagged should not stop a TN, as long as you can show ties to Canada when you apply.

But as you said, of course its down to the officer on the day.

The marriage route seems smarter for sure.....

Thanks again for taking time to reply

[Dakine10 5,452]

Hi Thanks for the reply!

Yes, I have an offer..I doubt they would wait indefinetly.

I have spoken to several Immigration lawyers and senior officers at the border who both advised being flagged should not stop a TN, as long as you can show ties to Canada when you apply.

But as you said, of course its down to the officer on the day.

The marriage route seems smarter for sure.....

Thanks again for taking time to reply

The good thing about the Tn is that it's quick and relatively easy to get. The bad thing is that it is a non immigrant visa that does not allow for dual intent.

The fact that you were flagged about not showing ties to Canada could mean that they already question your intent. If you do try to enter on the Tn, be prepared to show a lot of ties to Canada, ie. residence, bank account, family. If it pops up in conversation that you have a boyfriend in the US and have talked about marriage, you will have a snowballs chance in hell of getting a Tn. Since you have been back and forth to the US a lot, there's a good chance they may ask you about it. Other than that, at long as you have a job offer, getting the Tn is not be a problem.

IMO, it's not a great idea to enter on a Tn and then get married and adjust status too quickly. It could look like visa fraud to the IO. Technically it is the same as entering on a B2 with the intent to marry.

Edited January 14, 2010 by Dakine10

[canadian_wife 1,822]

I agree, you may be qualified to get a TN however it is not guarenteed. And applying and entering the US with a non-immigrant visa, such as a TN, with the intentions of adjusting status is visa fruad as you are using a non-immigrant visa to circumvent the immigration laws. This can result in a lifetime ban for you

Play it safe, this is your future in the US and it's not something you want to risk a lifetime ban for in order to enter the US a few months quicker.

Good luck .

[JimVaPhuong 4,863]

Yes, I have an offer..I doubt they would wait indefinetly.

If you and your boyfriend can get the ball rolling soon, then they shouldn't have to wait too long - however long it takes you two to get married and submit a petition for a CR1, plus about a year before you'll get the visa, minus the time between when the petition is submitted and when you would have started work at your new firm. Of course, once the CR1 petition has been submitted then your chances of getting TN status are practically nil, since your immigrant intent would have already been established. If you bring the requisite "ties" evidence, then you can still try to cross the border to visit him in the interim, but without the TN status you won't be able to work.

If the firm is in Washington state, and you're living near Vancouver, perhaps they'll let you work as a consultant from across the border until your CR1 is approved. I realize the legal profession is not exactly understaffed, and the US is filthy with attorneys, but if you're good then they should be willing to wait for you. The alternative that both you and your firm should consider is that your TN status could be arbitrarily revoked at the border at a critical time in a case when your absence could be a disaster. There is little chance of anything like this happening when you have a green card. That might be enough to persuade them that the CR1 is the more prudent route. So, call your firm and make your argument, counselor!

[milly7 0]

If you and your boyfriend can get the ball rolling soon, then they shouldn't have to wait too long - however long it takes you two to get married and submit a petition for a CR1, plus about a year before you'll get the visa, minus the time between when the petition is submitted and when you would have started work at your new firm. Of course, once the CR1 petition has been submitted then your chances of getting TN status are practically nil, since your immigrant intent would have already been established. If you bring the requisite "ties" evidence, then you can still try to cross the border to visit him in the interim, but without the TN status you won't be able to work.

If the firm is in Washington state, and you're living near Vancouver, perhaps they'll let you work as a consultant from across the border until your CR1 is approved. I realize the legal profession is not exactly understaffed, and the US is filthy with attorneys, but if you're good then they should be willing to wait for you. The alternative that both you and your firm should consider is that your TN status could be arbitrarily revoked at the border at a critical time in a case when your absence could be a disaster. There is little chance of anything like this happening when you have a green card. That might be enough to persuade them that the CR1 is the more prudent route. So, call your firm and make your argument, counselor!

Thank you for your replies.

I have a child in BC that I share custody of, I understand that is a strong tie (according to several officers). I also plan to keep my lease on for a while, incase things in the sttaes did not work out initially. And of course I have the usual bank account etc.

I am also hopeful that given that I have never been refused entry, they clearly trust that I am not planning on staying there illegally.....