Green Card declined in a techincality. Is TN still valid?

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Green Card declined in a techincality. Is TN still valid?

Postby DaveYHZ » Tue May 05, 2009 6:31 am

Overview:
I had a TN. It will expire Jan 2010. I received approval on I-765. Green card declined. I-765 revoked. Is TN still valid?

Details:
Hi all.

Hopefully no-one else has gone through this personally - you're responding based on book-knowledge only *sigh*. Here's my situation:

I'm a long-time TN renewer- 10 years now. 3 years ago, I married an American, and while we debated which side of the border we were going to raise kiddies on, I applied for the green card. Everything has come back positive. I-130 good, I-765 good. Last Thanksgiving (cdn) we took our newly minted son to Nova Scotia to meet everyone. In the chaos of traveling with a newborn for the first time, I failed to pack my Advance Parole document.

Ugh.

When we came back, I explained that I had been granted advance parole (multiple entry), but did not have the paper. She admitted me based on my still-active TN.

During our DHS interview in January, I recounted the story again. I had been granted Advance Parole, but did not have the paper on me when I entered.

My application came back declined, indicating that I had left the country without first acquiring Advance Parole (not true - I just didn't have the paper). Either way, there's a friendly line on the bottom saying that this decision in not disputable, however it does not exclude my from applying again. *sigh*

So, here's my question: Did the 765 cancel my TN which would otherwise still be active until Jan2010 - oh I'm at the same job that has sponsored my TN all these years.

Thanks for any insight.
Dave.
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Re: Green Card declined in a techincality. Is TN still valid?

Postby Steven » Tue May 05, 2009 10:21 am

Well you've been admitted officially in TN-1 and it's just the AOS that was screwed up so I can't see how the TN-1 status is affected.
Steve.
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