Get back to H4 if TN1 denied

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Hi:
I don't know if I am being paranoid, but any communication with US immigration services can be very dangerous. Please help to clarify. I read all similar topics and understand that if you are entering US and your TN visa denied, you most likely won't be able to enter US for some time. or until you resolve the issues with TN application.
My case is different. My family and I already in the States (spouse on H1b and kids on H4). I am going to get TN1. Is it possible that in case of TN denied, I won’t be able to get back into US on H4 visa? I don’t want any risk of not to being able to return home after visiting POE.
Thank you

[toronto5481]

yes, you are being paranoid Dealing with CBP is not "dangerous" lol It's only hazardous to your health if you're trying to enter the US under false pretenses, are lying, or have commited some kind of a crime. If you're on H4 status, then it's my assumption you've been cleared for entrance in the US and are admissible.

As for the TN, if your application is valid (you've got the proper credentials, are applying in the right category and can prove non-immigrant intend), it should be granted. I dont think officers are out to deny as many TN applications as they can for the heck of it, they're just trying to weed out the false ones. I never realized that people actually try to enter the US under fake TN applications until lawrlaws told the story of some guy applying for a TN, while in reality, he was going to be a store clerk at 7 Eleven or something lol

If you need more info on TN, look at http://www.tnvisaexpert.com I found it quite useful when I was going through the TN process myself.

I'm fairly certain that if your TN application was denied, you would still be on H4 status and could go home to your family, since you're H4 would still be valid. I'm not 100% sure, so someone else might want to chip in on this. But try and avoid getting denied by showing up at the border well-prepared and with a legitimate and well-documented application.

Good luck!

[GoldisRising]

From what i have read or seen here on the internet a lot of people being refused because of their TN letter, second would be degree, third reason maybe someone is having a bad day. However the first on the list is TN letter followed by degrees.

Anyone who applies for the TN needs to make sure that the letter has its T's and dot's crossed, CBP is really anal about the TN Letters and don't just type a letter thinking its easy because English is your mother tongue or don't copy letters thinking i can always make a fool out of the CBP because you won't. I have got my TN plenty of times and not one question asked. Usually no questions asked but sometimes while i was getting my TN approved i saw another officer drilling someone else next to me.

If someone is working for years he/she just knows who to stop they can be fooled once or twice i doubt three times.

Make sure your TN is air tight and you have all the papers and more.

[agnelson]

But, to answer the question, if you are denied entry on TN for technical details, you will be admitted on H4 (unless you are inadmissable for criminal record,intent to immigrate, etc). H4 is not an immigrant status, so you have no worries.

[lawsrlaws]

Right. There should be no problem. TN's are not difficult to get. We require a professional letter, qualifications, honesty, and $56. Where else can you go and work in another country for sooo little.

-- Mon Sep 21, 2009 9:15 pm --

"I never realized that people actually try to enter the US under fake TN applications until lawrlaws told the story of some guy applying for a TN, while in reality, he was going to be a store clerk at 7 Eleven or something lol"

Every single day! Today was a woman that made up her own website/company because she has always wanted to live in Virginia. Mind you there is no company and no job offer, she does daycare.
(management consultant)

[toronto5481]

Wow, thats not very smart, "no company, no job offer". At least 7eleven guy had more to go on LOL

If she even knows about TN's at all, she must have done research on it and you'd think she would have come across the requirements as well as the fact that your creditentials and job offer might be verified though phone calls and websites.

I guess some people are just natural-born scammers. And not even good ones. Now that's sad lol

[MC]

yes, you are being paranoid Dealing with CBP is not "dangerous" lol

In a bad economy where jobs are still being contracted and the U.S. unemployment rate approaching 10%, sometimes the mandate of CBP can be to keep otherwise qualified individuals out of the U.S.

The DHS is an organization not immune to internal politics either. There are many true stories of DHS Inspectors and Free Trade Officers who admitted many TNer’s and then turned into “hard-liners” all of a sudden denying good applications and individuals who were clearly eligible. I won’t mention any specific ports or inspector’s names but I have very good internal information that this has indeed occurred in the past.

In the land of the DHS, things can change on a dime and would be TN applicants and the like should be made aware of the darker side of U.S. Immigration as well. It is definitely not all roses all the time in the land of milk and honey.

[toronto5481]

I didnt mean it was all roses all the time. I've said it in many of my posts to be well-prepared, well-spoken, cooperative and knowledgeable when dealing with CBP (or any other governement entity, whether Canadian or American, really). I just dont think that going in for a TN application overly nervous, stressed out and negative is going to help anyone. I simply wouldnt say that dealing with CPB is "dangerous"

Moving to a new country isn't easy, even if it's just the US next door where everyone speaks English and the culture is pretty much the same (I know the latter statement is debatable lol). You do have to start from scratch, rebuild your credit, create a new social network and build a new life, even though you are on non-immigrant status with no actual claim or right to anything. Really, uprooting your life on a TN makes little to no sense lol

As for as I'm concerned, going to the USA on a TN is not for the faint of heart. I, however, encourage people to do it if that's what they want and they know what it entails and what it doesnt. To me, its not any worse than going to Australia on a work visa.

Its good for some people who are recent graduates seeking diversified employment experience, those who enjoy living in different cities, exploring the world, and have no real responsibility in terms of dependants.