Help! withdrawn app (I-275), future visa travel, TN etc

[brooker]

Hi All,
I've been reading many posts here, and have learned a lot. Unfortunately, I am still confused as what to do in my situation...

I'm Canadian born and I've been dating an American man for 6 yrs. Occasionally he flies up to Canada to see me, but 90% of the time I go to the US to see him, as he has a very demanding job that does not really allow for him to travel, even on weekends. Sometimes I visit for 3- 5 wks, sometimes I spend 3 -5 mths. I work for myself in Canada, so as long as I have internet access I'm able to continue my work. My bf is also financially supportive. We will never get married (due to personal issue), and I have no plans to live in the US permanently.

On my last trip to the US, I was pulled aside by CBP for secondary processing. What a nightmare! I was honest and told them I was going to see my bf (as I had told them on every trip prior). Anyway, some of my departures back to Canada were not notated and I was accused of having "immigrant intent". I was grilled, had to to tell them about my work (Mktg & Strategy Consultant 10 yrs), Cdn ties etc. I was asked to withdraw my visitor application (I-275), and bring in paperwork showing ties. 2 days later I brought everything they had asked for (bank statements, record of Drs visits, cell phone bill) and after another grilling session I was finally let through, given a visitors visa for 3 wks, and told that the next time I enter they want MORE paperwork (my biz info stuff).

I leave the US next week for home, in time for my visa expiration.

I need to come back to the US in November for a baptism, wedding and a biz conference.

I have a US former client that has some work lined up for me, and is willing to sponsor me on a TN visa under Management Consultant. The position would start in mid November, but I wouldn't have to physically be in the US until December. Although the position is full time (1.5 yrs), I would be able to do some/most of the work from Canada. I've read over the MC requirements, and that is exactly what I do, except I've never called myself an MC. I've always used Marketing and/or Strategy Consultant as my title.

Ok my questions:
1. Do I have a frogs chance in hell of having my TN application approved, considering I have the recent immigrant intent/ withdrawal and it's in the MC category. I would prefer to do it in November so I can get it out of the way, and no longer worry about restricted travel.

2. Is it better for me to just try to apply/re-enter on a visitors visa in November to attend my personal functions, bringing with me the additional paperwork I was asked for (I will have only been home for 3 weeks)? And then apply for TN in December?

3. I know that it is possible to do the TN application myself, but due to my situation I'm assuming I will need a lawyer?

4. Slightly off topic, but may be of use. Months ago I invested $10K usd in a (US) friends new toy business, of which we are equal partners. It's still in the initial startup phase, but will be launching soon...I will probably have to invest some more monies shortly. The eventual hope is to expand the business to Canada. I was also interested in E-2 visa, but the amount I've invested does not seem significant enough. Any chance?

5. Know of a good lawyer, who is reasonably priced? Feel free to PM me if not comfortable posting here...

After reading this forum and gaining a greater understanding of US immigration laws, I realize that I've almost been living like someone who has dual citizenship. I made the false assumption that as long as I wasn't working in the US it did not matter how often I came and went or how long I had been there. NOT TRUE!!

Bottom line, I would like to travel freely between the US and Canada with legitimate status. Unfortunately, marriage is not an option for me, and I do not care to live in the US on a permanent basis. I am a very skilled professional with many professional US contacts, and can easily secure clients. Question is just which visa, and of course the fastest way...Some have said to stay in the States and apply for an adjustment here, but I'd really like to do everything the proper way as not to screw up any future visas.

Thank you all in advance for your help and advice...I apologize for the lengthy post but wanted to give all details...

[agnelson]

1. You do face an uphill battle becaue of your recent denials. Since TN doesn't require maintaining Cdn ties, andcan last much longer that the normal six month entry period, CBP will have a hard spot letting you in on TN. Now, the fact that they have been focusing on your CDn ties rather than your US BF is good, as it would appear that your Cdn ties can outweigh the percieved intent issue raised by your relationship.

2. When you apply for TN, it is to go and work. If you or your sponsor are not prepared to enter into thiswork relationship in Novemeber, then don't apply for TN then.

3. CBP has told you what you need to enter on B2 or TN. That should suffice but you can see a lawyer if your wish.

4. E2 in partnership with a USC is very doubtful. Since the E2 investor is supposed to be creating the jobs, the question will come up as to if it is relly you who is creating the jobs or your partner.

[brooker]

Thanks so much for sharing some advice...#2 my future employer is ready to enter our work agreement whenever I am (November or December). It is just that I would need to be onsite (in US) in December for a couple weeks. After or before December I can perform my duties from Canada or the US. So I can always start in November, and come to the US then.

Gosh! Being a strategist I'd like to plan all of this well...What would you (or anyone else) do in my situation?