In the US visiting TN visa while visa processes (split)

[rainbow-skies 130]

Hello everyone,

 

Melissa here again.  

 

I was wondering if there was anyway I could apply for like an EAD or any permission to work in the US (without a SIN or work visa) while waiting out my interview. I am currently doing a month-here, month-there situation between Canada and the US. I quit my job as a Registered Nurse back in April 2021 to come be with my wife due to personal and health-related reasons.

 

Instead of going back to Canada, I was wondering if there was any legal and feasible way to start working in FL, US while we wait for my interview.

 

 

Thanks,

 

Melissa

[Kai G. Llewellyn 838]

24 minutes ago, rainbow-skies said:

Hello everyone,

 

Melissa here again.  

 

I was wondering if there was anyway I could apply for like an EAD or any permission to work in the US (without a SIN or work visa) while waiting out my interview. I am currently doing a month-here, month-there situation between Canada and the US. I quit my job as a Registered Nurse back in April 2021 to come be with my wife due to personal and health-related reasons.

 

Instead of going back to Canada, I was wondering if there was any legal and feasible way to start working in FL, US while we wait for my interview.

 

 

Thanks,

 

Melissa

If you're already in the US, you could switch to Adjustment of Status and get EAD/AP that way. You'd have to probably demonstrate that you didn't have immigrant intent when you entered on B2 status and that your circumstances changed while in the US that caused you to decide to do AoS. If you're currently outside the US, you cannot enter the country with the intent to AoS.Through doing AoS you will basically abandon the Consular Processing and become a Green Card holder within the US instead.

 

I cannot stress it enough, you cannot be outside the US and enter with the intent to Adjust Status. You may only do so if you originally entered with the intent to return home to Canada.

 

Your other option could be to get a temporary work visa or status via TN or H status. Given that you're not working for an employer right now, that might be quite difficult to do. You might have a case to expedite your interview on the grounds of working as a nurse in the US which would be in the national interest.

Edited July 30, 2021 by Kai (CanadaDude)

[HRQX 4,145]

5 minutes ago, Kai (CanadaDude) said:

If you're already in the US, you could switch to Adjustment of Status and get EAD/AP that way.

Note that C9 category EAD processing is currently at 6 to 8 months (*although it's always free to try an EAD expedite request with a job offer letter in hand).

5 minutes ago, Kai (CanadaDude) said:

You'd have to probably demonstrate that you didn't have immigrant intent when you entered on B2 status and that your circumstances changed while in the US that caused you to decide to do AoS.

That is not an issue for Immediate Relatives of US citizens (as defined in the INA). See Matter of Battista and Matter of Cavazos. Intent is determined at entry, not at the AOS interview.

26 minutes ago, rainbow-skies said:

I was wondering if there was anyway I could apply for like an EAD or any permission to work in the US (without a SIN or work visa) while waiting out my interview.

There is no EAD category for Immigrant Visa applicants. https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/employer-information/employment-authorization

[Kai G. Llewellyn 838]

8 minutes ago, HRQX said:

Note that C9 category EAD processing is currently at 6 to 8 months (*although it's always free to try an EAD expedite request with a job offer letter in hand).

That is not an issue for Immediate Relatives of US citizens (as defined in the INA). See Matter of Battista and Matter of Cavazos. Intent is determined at entry, not at the AOS interview.

There is no EAD category for Immigrant Visa applicants. https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/employer-information/employment-authorization

I was under the impression that the USCIS 90-day rule was a thing where if I-485 is filed when someone is on a single-intent status within those 90 days, that they would presume that the person misrepresented themselves on entry and that they would need to meet the burden of proof to overcome that presumption?

 

Edited July 30, 2021 by Kai (CanadaDude)

[HRQX 4,145]

17 minutes ago, Kai (CanadaDude) said:

I was under the impression that the USCIS 90-day rule was a thing

There has never been a USCIS 90-day rule. You may be thinking of the DOS 90-day rule which is only binding on DOS officers.

 

Also: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

Quote

Technical Update - Removing References to the U.S. Department of State’s 90-Day Rule

July 16, 2021

This technical update to Volume 8 removes all references to the U.S. Department of State’s 90-day rule.

 

17 minutes ago, Kai (CanadaDude) said:

and that they would need to meet the burden of proof

Nope. For Immediate Relatives intent is determined at entry, not at the AOS interview. See the BIA precedent decisions:

• https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/14/3036.pdf
• https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/17/2750.pdf

Edited July 30, 2021 by HRQX

[From_CAN_2_US 1,106]

20 minutes ago, Kai (CanadaDude) said:

I was under the impression that the USCIS 90-day rule was a thing where if I-485 is filed when someone is on a single-intent status within those 90 days, that they would presume that the person misrepresented themselves on entry and that they would need to meet the burden of proof to overcome that presumption?

 

The 90 day rule is apparently a myth. This has been discussed to death on VJ on many threads...

[Kai G. Llewellyn 838]

Huh...well I'll defer to people's experiences on this. I guess if you entered yesterday and decided magically to stay today and file I-485 USCIS won't make a squeak about it. :V

 

Anyway, I'mm drop this matter as it's been mentioned it's been discussed to death and it's hardly relevant to this thread at this point. I'll admit I may be mistaken on this one.

Edited July 30, 2021 by Kai (CanadaDude)

[From_CAN_2_US 1,106]

1 minute ago, Kai (CanadaDude) said:

I guess if you entered yesterday and decided magically to stay today and file I-485 USCIS won't make a squeak about it. :V

Yes, there have been cases of people entering the country as a tourist and marrying within an hour of landing, then applying for AOS and facing no issues. Intent is determined at point of entry.

 

3 minutes ago, Kai (CanadaDude) said:

Anyway, I'mm drop this matter as it's been mentioned it's been discussed to death and it's hardly relevant to this thread at this point. I'll admit I may be mistaken on this one.

You are not alone. I was under the same impression as you until a few months ago. There is a LOT of blogs, articles etc, often on immigration lawyer's websites and that of immigration consultants such as boundless, warning applicants of the 90-day rule... but it apparently never existed... 

[Kai G. Llewellyn 838]

4 minutes ago, From_CAN_2_US said:

Yes, there have been cases of people entering the country as a tourist and marrying within an hour of landing, then applying for AOS and facing no issues. Intent is determined at point of entry.

 

You are not alone. I was under the same impression as you until a few months ago. There is a LOT of blogs, articles etc, often on immigration lawyer's websites and that of immigration consultants such as boundless, warning applicants of the 90-day rule... but it apparently never existed... 

That is absolutely insane. I genuinely cannot believe that doesn't come crashing down on the applicant.

 

I literally have images in my head of a B-2/WT status applicant saying 'PSYCHE' the moment that the CBP officer stamps their passport.

Edited July 30, 2021 by Kai (CanadaDude)

[HAB 23]

1 minute ago, Kai (CanadaDude) said:

That is absolutely insane. I genuinely cannot believe that doesn't come crashing down on the applicant.

Can you hire a lawyer to be in the CR/IR visa interview ? I know the spouse of the applicant is not allowed but what about a lawyer. Anyone knows 

[HRQX 4,145]

16 minutes ago, Kai (CanadaDude) said:

I guess if you entered yesterday and decided magically to stay today

...some even at the baggage claim area when flying...

 

[Twiz&Toz 240]

3 hours ago, HAB said:

Can you hire a lawyer to be in the CR/IR visa interview ? I know the spouse of the applicant is not allowed but what about a lawyer. Anyone knows 

Only the applicant. You can hire one to walk to threw the steps of the interview.  

[DGF 730]

3 hours ago, From_CAN_2_US said:

You are not alone. I was under the same impression as you until a few months ago. There is a LOT of blogs, articles etc, often on immigration lawyer's websites and that of immigration consultants such as boundless, warning applicants of the 90-day rule... but it apparently never existed... 

Yep it's a huge point of confusion and I didn't learn about how it actually works until I took an immigration law class (not a lawyer, just took it for funsies). There is a 90 day rule but it's a DOS rule and isn't used by USCIS (they look at overall conduct instead).
 

27 minutes ago, Hawk Riders said:

...they are also issued if/when someone withdraws their application to cross the border...

Good to know!

[HD_BIRDS 121]

On 7/30/2021 at 2:22 PM, rainbow-skies said:

Hello everyone,

 

Melissa here again.  

 

I was wondering if there was anyway I could apply for like an EAD or any permission to work in the US (without a SIN or work visa) while waiting out my interview. I am currently doing a month-here, month-there situation between Canada and the US. I quit my job as a Registered Nurse back in April 2021 to come be with my wife due to personal and health-related reasons.

 

Instead of going back to Canada, I was wondering if there was any legal and feasible way to start working in FL, US while we wait for my interview.

 

 

Thanks,

 

Melissa

As people on here have said, transferring to AOS is the only way to get an EAD, but what was previously a 90 day process, is now several months (I believe up to 11 months depending on which service center it is processed at). I believe registered nurse is a TN category, so you could get a job in TN status. However, you first need the job offer to apply for a TN, but once you have that, the process is very quick. H-1B work visas are much more difficult to get because it is based on an annual lottery, and an RN is not a cap exempt occupation in the US. Many more people apply than visas are given out each year. The TN visa is likely the easiest and fastest option if you are able to get a job offer.

[DGF 730]

2 hours ago, HD_BIRDS said:

As people on here have said, transferring to AOS is the only way to get an EAD, but what was previously a 90 day process, is now several months (I believe up to 11 months depending on which service center it is processed at). I believe registered nurse is a TN category, so you could get a job in TN status. However, you first need the job offer to apply for a TN, but once you have that, the process is very quick. H-1B work visas are much more difficult to get because it is based on an annual lottery, and an RN is not a cap exempt occupation in the US. Many more people apply than visas are given out each year. The TN visa is likely the easiest and fastest option if you are able to get a job offer.

Yep, RN is on the TN profession list. I'm not sure how it's working now with the border being closed but it used to be that you could apply for a TN at the border and skip the consulate entirely. As for H1B, the second lottery for 2022 just ran so it's out of the question as the earliest you could get one if you won the first time you entered would be 2023. 

Edited August 1, 2021 by DGF