Got refused 3 times for a TN Visa , could i apply for an H1B

Hi everyone
Few months ago I had turn down my TN visa aplications for Management Cosultant at the Airport, I m canadian , the next day of my refusal i tried to get in as a tourist visa by road, didn t know that the system were connected, so i went to all the questioning and finger prints and .... for an hours and then got turned back to canada. My laywer refile the TN aplication and i got turn down 2 other times, now he is advice is that i apply for an H1B1 , i do have a bachelor degree in Management , but i don t know if it would be an asset on Restaurant management , and the worst part is that i do have my parents that are americain citizen and i can not even go and visit them because of my TN s refusals , need some help , don t even trust my lawyer after all the stuff that happened to my file , 3 months ago , i could go and back to us when ever i wanted , now i m so scared to try again and get banned , dont even want to think about it cause i could not even visist my parents anymore. Need some solid advice before that i take another steps , pls, thank you to all .

I think you may need to file an I-192 from the sounds of it, for which you'll need a lawyer (a better one than the one you've got). Depends on what you've been denied for, etc.

However if your parents are US citizens, why not just get them to file an I-130 for you and sponsor you for an immigrant visa? If you've been turned down for lack of non-immigrant intent and you can get an immigrant visa that is by far the simplest option.

If they were US citizens when you were born you probably are a US citizen anyway.

visajourney.com has more info on immigrant visas.

ok

You're always going to have difficulty if you've been denied entry, it depends on whether you've simply been denied entry or received a ban which you should know from the paperwork they gave you. If you've been denied entry you can try again but you need to demonstrate that you comply with the law. The law requires you to be a visitor for pleasure, have sufficient funds and to have an abode abroad, so if you have adequate proof of that they might let you in, e.g. take your bank statement with you.

Depending on what happened last time you tried to enter you might need a waiver by applying on I-192, which you can do at certain POEs or the local US consulate - this is something you probably will need help from a lawyer to do.

But you clearly aren't a management consultant from the sounds of it and your lawyer should have known that, so he sounds hopeless to me.

The fact that your parents live in the US and the fact you were denied entry for a work-related category is always going to cause you problems, because they will always be suspicious that you have immigrant intent. So regardless of anything else I still think you should get your parents to file an I-130 for you so you can eventually get in, even if it does take years to get a visa number.

Its probably not an ER. Its most likely a 7AI refusal.

Are you trying to come in as a manager?

We need more details on what you will be doing for work and what your qualifications are.

... now he is advice is that i apply for an H1B1 , i do have a bachelor degree in Management , but i don t know if it would be an asset on Restaurant management

We're in the middle of doing an H1B right now after having the TN1 twice. For this one our team of lawyers want a lot more letters of recommendation. He basically has to look like he's in the top of his field and can do things someone else from here cannot. It seems like a lot more work than the TN1.

It sounds like your lawyers are on about labour certification which is required for H-1B but not for TN-1. Labour certification for H-1B is straightforward, there is no requirement to show you are displacing an American, only that you can do the job. Sounds like they're trying to justify their fee to me.

Hmmm, well it's a good thing we don't get the bills! I think the immigration lawyers have it made down here with this crazy visa system.

*not* displacing an American, lol.