Current rules about TN in advance of job start?

[blkgryphon]

Hey Canucks!

I am an American citizen who has been living in Canada for 20 years. My partner is Canadian and is just getting the final polishes on a job offer in the U.S., and will be going in on a TN visa. We have worked with a very good immigration lawyer and have all the necessary support documents. We have also been told that my partner should not mention me when he goes to get the visa -- that would be a red flag that he may intend to stay permanently.

As it is the weekend and we can't get hold of the lawyer, I wonder if you folks can answer this question: what are the current, actual rules about getting the TN in advance of the job start date? My husband doesn't want to give notice at his current job before he has the TN in hand. What he would like to do is drive down the border in WA, apply for the TN, hopefully get it, then give notice at work. However, since he has to give a minimum of two weeks notice, it would be tricky to time it all so that he has the visa within two weeks maximum of the start date, which is what I read in older posts here as the requirement.

I saw in another post here that someone wrote "you may have a problem if you get the TN too far in advance because they will want to know why you are coming in that far before your start date". Wouldn't it be reasonable to explain that you want to secure the visa before giving notice at your job? Who would want to quit their current job, risk getting turned down for the visa, then be unemployed???

Also, he wants to go down, get the visa, then turn around and come home the same day. Is that a problem?

Thanks folks!

[lawsrlaws]

"We have also been told that my partner should not mention me when he goes to get the visa -- that would be a red flag that he may intend to stay permanently."

Ummm yes, keep this a secret, we loved to be lied to.

But even though honesty is never part of getting a TN, I will answer anyways.

Your "Partner" can get the TN in advance, this is no problem. We expect that people will need to get their affairs in order before moving down. We will give the TN for one to three years from the initial day the TN is processed. But I will warn this: If you leave out information and the Officer feels your lying, forget getting the TN. I have processed many married couples with one american and one Canadian.

[blkgryphon]

Hi there,

Thanks "lawsrlaws" for your answer. He actually is my partner, boyfriend, whatever you want to call it -- not my husband. We are not married. Our lawyer did not tell him to lie -- just not to bring up the fact that his girlfriend/partner/whatever is American, as that could make matters more complicated than necessary, and might make certain individuals reject the application.

As for processing applications for Canadians married to Americans, I have read elsewhere that this would make many officials turn one down for the TN automatically. As I said, we are not married, but obviously, having a serious connection to a U.S. citizen can be a problem, according to other posts.

Can you tell me who the "we" is that you refer to? Do you work at the border?

I would still like to know the specifics -- is there a time limit as to how far in advance you can get the TN? Other posts on this forum have said no more than two weeks before the start date of your new job...which makes it very hard to give two weeks notice at one's current job.

Thanks again.

[charmpeach]

If you are planning on staying,I would say your lawyer should of adviced against a TN visa. I would suggest your partner try to secure a more permanent status or you will be locked into going back to the border every year. I di my TN visa myself very simple but with little staying power,be careful.

[lawsrlaws]

TN applicants at my port usually come and get there TN before they move down. Is there a time frame? Sorta. If he gets the TN and tells the Officer that he will be moving in one week, but it takes him two weeks, i don't see a problem. Two to three weeks would probably be acceptable. Just tell the Officer you need time to pack, move and obtain an apartment.

[blkgryphon]

Hi Lawsrlaws,

Would it be okay to just tell the truth -- that he wants to have the TN visa in hand before giving notice at his current job? We have heard rumors that even with all your paperwork completely in order, all the right documentation, etc., a border officer can turn you down on his/her own whim. That is a pretty scary thing when you are quitting a good job!

Thanks so much for your expertise.

-- Sun Aug 09, 2009 6:51 pm --

If you are planning on staying,I would say your lawyer should of adviced against a TN visa. I would suggest your partner try to secure a more permanent status or you will be locked into going back to the border every year. I di my TN visa myself very simple but with little staying power,be careful.

The TN visa is now good for three years, so he would not need to renew it before then. We don't know if we will like it down there (it's not where I am from), so we don't know if we will want to stay or not. We both have family here and may want to come back for that reason alone. If we did decide to stay, we would likely look at getting married down there. As I am a citizen, that should allow him permanent status. Therefore, our long-term options may have more flexibility than a single Canadian or a Canadian couple, from what we've been informed.

[Steven]

We have also been told that my partner should not mention me when he goes to get the visa -- that would be a red flag that he may intend to stay permanently.

This depends on what your intent is - do you intend to stay in Canada or are you moving to the US? Because they're probably going to consider him not to have non-immigrant intent if they find out about you.

CBP will usually grant TN-1 up to ten days before the time work starts, that's in the CFR for most other categories, not sure about TN-1 but they do it the same way.

My advice would be to get married and sponsor him for an immigrant visa, simpler in the long run.

[lawsrlaws]

The truth should work just fine. If you are really worried, just talk to the employer and see if it is ok to start the job a week later but keep the start date the same on the letter. This in theory would give you the extra time. I am only saying this because every officer feels differently about intrpreting the law. I myself would have no problem giving the extra week.

Rumors are usually just that...rumors. What you don't hear from people is that when they are refused a TN it usually because the individual does not qualify, not because the Officer had it out for them. People don't like to be told no. Good Luck.