If I don't get a TN Visa, Can I still enter for vacation?

I'm going to California in May. I would like to get a TN Visa to work starting in September and figure I might as well apply for it in May when I cross the border - I could start working then if I am...

Goto page Previous 1, 2

Canadian Expatriate and Travellers Forum Index -> Canadians in the USA -> US Visas and Immigration

Author Message

Christopher G. Rizzo, Esq
CanuckAbroad VIP

Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Sun Mar 16, 2008 1:38 pm

Show me the authority in the regs that says you need to maintain a Canadian residence. There is none.

Its a myth.
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

dannykool
CanuckAbroad Regular

You can't win if you don't play

Joined: 16 Oct 2007
Posts: 59
Location: Switzerland

Posted: Thu Mar 27, 2008 9:23 am

Mr Rizzo is correct. Thousands of people from Canada have gone in on a TN without a residence in Canada. This kind of false information is often the bad part of forums and one must watch out.

Christopher G. Rizzo, Esq
CanuckAbroad VIP

Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Thu Mar 27, 2008 5:14 pm

In fact I just had a client refused admission into the US when applying for a TN. The inspecting officer determined that he was an intending immigrant because he had no residence in Canada.

We sent him to another port with an attorney letter and the initial application and cited the regs, which are silent on a foreign residence requirement, and a CIS memo discussing the issue. The inspecting officer admitted the client and gave him a TN.
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com