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

[mattd]

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 accepted.

If I try to get one and they reject me, can I still enter the country to vacation for a few weeks?

If the TN Visa gets rejected how long before I can reapply and at what cost?

[Christopher G. Rizzo, Esq]

You can enter for vacation but they may suspect you will work unauthorized.

[mattd]

You can enter for vacation but they may suspect you will work unauthorized.

I am hoping to get a Visa to start working but if not.once I've spent the money to fly out etc. I'd like to at least be able to stay for a week. I will be arriving with a return plane ticket for 1 week after to go back either permanently or to get my stuff to work for the term of my contract.

[Steven]

If I try to get one and they reject me, can I still enter the country to vacation for a few weeks?

Legally, supposedly yes, but if they've just refused your TN-1 entry then it's not likely they would then let you in. To even try it I would make it clear to them that you're entering to work under a NAFTA category to work temporarily AND you're going to be doing vacation stuff as well.

You might actually find that going under B-1 is the better option as B-1 is a wider category under NAFTA for Canadians than for other nationalities. What you want to do might be covered under B-1 and a vacation is B-2 so it's simple.

Check the regs first.

[uslawyer]

Although, a Canadian residence is a requirement for TN issuance, in practice the most experienced TN officers overlook this requirement, where the applicant's qualifications, and the job offer clearly fall within the TN requirements.

Reentry as a tourist after a TN refusal depends largely upon the reasons for such a refusal. In the event that the inspecting officer rejected the case due his belief that you are an intending immigrant, you will need to overcome the presumption that you are an intending immigrant with clear and convincing evidence that you have strong employment, and family ties with Canada before entering as a visitor.

In the event, that the TN case was denied due to the fact that either your qualifications or the duties and responsibilities job offer failed to meet the NAFTA requirements, you will not need to overcome the presumption that you are an intending immigrant, but show evidence of strong Canadian ties.

In any event, the submission of a qualified TN case, with a bona-fide TN offer of employment will serve to overcome any intending immigrant issues raised in the initial TN application.

[Christopher G. Rizzo, Esq]

You are incorrect. A Canadian residence is not a requirement for TN professionals.

[uslawyer]

Christopher, your interpretation of the law is incorrect. I worked in Canada as a Foreign Legal Consultant, with a branch office in Toronto from 1991-2005.

[mattd]

Thanks guys. This is really troubling trying to figure everything out - Chris I sent you a PM about my other thread if you have a chance.