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IR-1/CR-1 Montreal DQ'd private message group goes public part 3

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Filed: IR-1/CR-1 Visa Country: Canada
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@Danii My company hired a law firm out in toronto to help with TN and they say the similar thing. Chances of getting TN is 50-50 due to GC. It depends on the officer and your ability to convince them that even though I have my GC in process, the TN is only for temporary. Having a job/house/family helps as well. Worth a .

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1 minute ago, harshshah said:

@Danii My company hired a law firm out in toronto to help with TN and they say the similar thing. Chances of getting TN is 50-50 due to GC. It depends on the officer and your ability to convince them that even though I have my GC in process, the TN is only for temporary. Having a job/house/family helps as well. Worth a .

That makes sense. Well, I hope it works out for you if you decide to go down that route, maybe that website I linked contains some helpful info that the lawyers can use to draft a support letter/legal brief. We DQ'd around the same time, I don't think we can expect an interview until late Oct/Nov, unless things speed up. If the expedite doesn't work, I think 50-50 odds won't be too bad. Good luck!

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Filed: IR-1/CR-1 Visa Country: Canada
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54 minutes ago, NimF said:

You can ask if you want to, request to expedite doesn’t cost you anything or changes your DQ. You will most likely get denied as 1) Montreal is very strict on conditions to approve expedites, and 2) immigration guidelines say to not accept any job offers, sell your belongings or move before you have the visa. Which will be contradicting if you accepted the offer and now ask for an expedited interview

 

1 hour ago, harshshah said:

Applied GC under IR1 Category. DQ'd on Jan 216 2021. 

 

I am a Canadian citizen and have a job offer from USA. what are your guys thoughts on me requesting an expedited interview date at Montreal? 

 

Company is willing to do TN visa but chances are 50-50 due to GC in process. Company hired a lawyer for my TN, they suggested to expedited the case and avoid TN all together which makes sense but what are the chances of getting expedited approved? 

It's been reported several times on this forum that a job offer in the US is not grounds for expediting. There's no harm in trying, but expect to be refused.

 

I have a TN visa. It is not 50/50 due to Green Card in process. A pending I-130 does not impute immigration intent, and has no bearing on a TN application whatsoever. Many lawyers are sadly very misinformed on this. Where you can get into trouble is if you try to file an I-485 (adjustment of status) from a TN, as this signals dual intent, and the TN does not permit dual intent. Consular processing does not signal dual intent because you must leave the country in order to get approved and process the immigrant visa. Many border officers that adjudicate TNs are also misinformed. I recommend hiring a very good lawyer with experience in TNs to prepare the package, and go through a port of entry with trained NAFTA officers. 

 

I have a TN visa, which I received with a pending I-130 with no problems. My lawyer wrote a letter stating why a pending I-130 does not signal dual intent, but I wasn't even asked about it. The biggest challenge with a TN is that they are very strict on the job category. Your education, prior experience and job offer must match the Department of Labor's description of the job category exactly. They scrutinize and frequently deny particularly vague job categories like management consultant. 

Edited by HD_BIRDS
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Filed: IR-1/CR-1 Visa Country: Canada
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@HD_BIRDS  Thanks for the info. that was helpful. I believe being upfront at the border would help. Al though what do you mean by  go through a port of entry with trained NAFTA officers? is it like going for TN interview with lawyers? The lawyers my comany has hired gonna make me a file and I have to go alone for TN. They did say they will walk me though on how to answers questions. 

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3 minutes ago, harshshah said:

@HD_BIRDS  Thanks for the info. that was helpful. I believe being upfront at the border would help. Al though what do you mean by  go through a port of entry with trained NAFTA officers? is it like going for TN interview with lawyers? The lawyers my comany has hired gonna make me a file and I have to go alone for TN. They did say they will walk me though on how to answers questions. 

Some ports of entry have trained NAFTA officers, like Peace Bridge in Niagara/Buffalo. Most ports of entry at airports don't have trained NAFTA officers, so you will just have whoever the US customs and border patrol officer on duty is adjudicate your case. It is much better to have a trained NAFTA officer, as CBP officers often rule against TNs incorrectly, and it is very difficult to appeal. You do not go to the TN interview with lawyers or anyone else. You are interviewed at the border by a CBP officer who decides on the spot whether to grant you a TN or not.

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1 minute ago, harshshah said:

Is it a good idea to just apply for TN online? skip the whole interview process all together . 

No, online application has much higher rate of denial, and you still need to go to the border once the online application is approved, where you get adjudicated again by the CBP officer. The CBP officer has the power to overturn an approved online application. If you are 100% sure of the success of your application as it relates to the job category, then it could be fine. If there is any concern that you may be denied because your job offer doesn't exactly match the job category, then in-person is much better as you can argue your case.

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45 minutes ago, Waynester925 said:

My wife has scheduled her medical but she needs her Tetanus-Diptheria shot since she hasn't had one in the last 10 years. Can this shot be given over the counter at pharmacies or is it something she's going to have to make an appointment to get? 

depends on province and pharmacy. Call your doctor/pharmacy and they'll be able to advise you best.

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49 minutes ago, Waynester925 said:

My wife has scheduled her medical but she needs her Tetanus-Diptheria shot since she hasn't had one in the last 10 years. Can this shot be given over the counter at pharmacies or is it something she's going to have to make an appointment to get? 

I recently got mine done through my family doctor. I tried calling some pharmacies before that but they were asking me for the DIN and then asked me to reach out to my family doctor for prescription. I'm close to Toronto.

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Question for @HD_BIRDS and @harshshah, when you were job searching, did you find it difficult to convince your employer about TN visa? Also, on job apps, did you specify that you are authorized to work in the USA?  Sometimes they don't have a box for you to to explain why you selected yes or no, and I'm assuming that when they see no, they think you need sponsorship. 

Edited by Danii
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Filed: IR-1/CR-1 Visa Country: Canada
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4 minutes ago, Danii said:

Question for @HD_BIRDS and @harshshah, when you were job searching, did you find it difficult to convince your employer about TN visa? Also, on job apps, did you specify that you are authorized to work in the USA?  Sometimes they don't have a box for you to to explain why you selected yes or no, and I'm assuming that when they see no, they think you need sponsorship. 

Yes it was difficult for me. On job apps, you still need to say you are not authorized to work in the USA, since you wouldn't be authorized until you have the TN in hand, which you can't get until you have the offer. If you checked 'authorized to work in the USA' when you actually were not, most employers would view that as lying on the application, which probably wouldn't bode well! I was sought out for the job I have, so was able to have conversations about my plan to apply for a TN, and they were willing to take the risk that I wouldn't get it and they would have to go back to the drawing board with their recruitment.

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Filed: IR-1/CR-1 Visa Country: Canada
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3 hours ago, Waynester925 said:

My wife has scheduled her medical but she needs her Tetanus-Diptheria shot since she hasn't had one in the last 10 years. Can this shot be given over the counter at pharmacies or is it something she's going to have to make an appointment to get? 

Depending on what doctor she’s seeing it might not matter. I didn’t have a TDAP within the past 10 years, I got mine in grade 9 (2009) and I saw Dr. Cheema and his requirement was that you had a TDAP after the age of 11 not that it was within the last 10 years. I didn’t get any new vaccinations just brought all the records of the ones I got in school and I had no issues. 

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1 hour ago, Lovewithoutborder said:

Depending on what doctor she’s seeing it might not matter. I didn’t have a TDAP within the past 10 years, I got mine in grade 9 (2009) and I saw Dr. Cheema and his requirement was that you had a TDAP after the age of 11 not that it was within the last 10 years. I didn’t get any new vaccinations just brought all the records of the ones I got in school and I had no issues. 

Do you mind sharing those please. I misplaced my record so was curious to see what all I need before I go. Thank you. 

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