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

[HD_BIRDS 121]

50 minutes ago, DGF said:

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. 

TNs have continued to be processed at the border throughout COVID. Working in the US is deemed an essential reason to cross. I received mine in April 2020. You are right that the TN is adjudicated solely by CBP at a port of entry, so it’s more or less instantaneous. Of course getting the job offer and preparing the TN application takes time, but with the offer all can be done in a couple of weeks. 

[rainbow-skies 130]

22 hours ago, HD_BIRDS said:

TNs have continued to be processed at the border throughout COVID. Working in the US is deemed an essential reason to cross. I received mine in April 2020. You are right that the TN is adjudicated solely by CBP at a port of entry, so it’s more or less instantaneous. Of course getting the job offer and preparing the TN application takes time, but with the offer all can be done in a couple of weeks. 

Thank you all for your input.

 

I will consider this. But while this will help me to be present in the US with my wife and start working as a nurse, how will this affect my CR1 Visa processing? Would I have to fly back to Canada for the Montreal interview...or is this what people mean when they adjust status from within the US?

 

Thanks,

 

Melissa

[From_CAN_2_US 1,106]

22 minutes ago, rainbow-skies said:

Thank you all for your input.

 

I will consider this. But while this will help me to be present in the US with my wife and start working as a nurse, how will this affect my CR1 Visa processing? Would I have to fly back to Canada for the Montreal interview...or is this what people mean when they adjust status from within the US?

 

Thanks,

 

Melissa

@HD_BIRDS would be the best person to respond.

 

My understanding is as follows - If you are in the US on a TN, you can remain on the CR1 path and simply return to Montreal for the interview when you are scheduled. This would be the simplest route. Note that you would need to wait for your passport to be returned after the interview to be able to return to the US and to your job there.

 

I believe, you also have the option of adjusting status, but that may be more complicated and may even take longer?

[HRQX 4,145]

9 minutes ago, From_CAN_2_US said:

I believe, you also have the option of adjusting status,

She has the option of AOS during her current US visit but after leaving the US for TN processing at POE she cannot have preconceived intent to AOS. If she does have such preconceived intent then she must be honest with the CBP officer and the officer will deny her entry as inadmissible for being an intending immigrant without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I).

[rainbow-skies 130]

13 minutes ago, From_CAN_2_US said:

@HD_BIRDS would be the best person to respond.

 

My understanding is as follows - If you are in the US on a TN, you can remain on the CR1 path and simply return to Montreal for the interview when you are scheduled. This would be the simplest route. Note that you would need to wait for your passport to be returned after the interview to be able to return to the US and to your job there.

 

I believe, you also have the option of adjusting status, but that may be more complicated and may even take longer?

Thanks!

I'm very much considering the TN application. As I quite frankly miss working as a nurse and my wife has several health issues which require me to be here in the US with her as much as possible. We are still waiting to hear back on our expedite request. I believe it has almost been a month and it still hasn't been reviewed (we have called NVC 3x thus far). I will likely pursue the TN route should the expedite not work in our favor.

 

I am trying to avoid adjusting status from within the US as I want to not cause any complications in my visa processing/case.

 

Thanks again  

[rainbow-skies 130]

5 minutes ago, HRQX said:

She has the option of AOS during her current US visit but after leaving the US for TN processing at POE she cannot have preconceived intent to AOS. If she does have such preconceived intent then she must be honest with the CBP officer and the officer will deny her entry as inadmissible for being an intending immigrant without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I).

 

Yeah, I am trying to avoid any delays or issues and trying to do things as legal and honestly as possible. So I wouldn't try to AOS from within. I will either pursue TN or wait it out as painful as it is.

 

Thanks!

[HD_BIRDS 121]

8 minutes ago, rainbow-skies said:

Thanks!

I'm very much considering the TN application. As I quite frankly miss working as a nurse and my wife has several health issues which require me to be here in the US with her as much as possible. We are still waiting to hear back on our expedite request. I believe it has almost been a month and it still hasn't been reviewed (we have called NVC 3x thus far). I will likely pursue the TN route should the expedite not work in our favor.

 

I am trying to avoid adjusting status from within the US as I want to not cause any complications in my visa processing/case.

 

Thanks again  

@From_CAN_2_US is correct. A TN does not affect your CR1 processing. You need to return to Montreal for the interview when it is scheduled. A TN is a temporary work visa (requires renewal every 3 years), and is not the same as adjusting status. Adjusting status will put you on a much longer path, though you can legally reside and work in the US during the processing. However, as mentioned earlier, it will be a long time before you can get the EAD to work.

 

The TN is a good option, though just be aware that you cannot file a TN application without an existing job offer. You need a written offer from the employer, including start date and salary, and they often also call the employer during the TN interview.

Edited August 2, 2021 by HD_BIRDS

[Ontarkie 14,234]

~~Unrelated topic to the IR/CR1 DQ'd thread split off to it's own thread. - As this is a separate question needing it's own thread.~~