TN Status Rejection - Next Steps?

If I've been working in the US on a TN I-94 and for whatever reason they reject a new application, how many days do I legally have before I have to officially leave the US? I have heard anywhere from...

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

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boscanuck
New Member

Joined: 01 May 2008
Posts: 6

Posted: Thu May 01, 2008 11:54 am

If I've been working in the US on a TN I-94 and for whatever reason they reject a new application, how many days do I legally have before I have to officially leave the US? I have heard anywhere from immediately to 10 days to 30 days. Also, if rejected I could potentially seek a B-2 Visa immediately in order to tie up any loose ends in the US, i.e., apartment, bank accounts, friends, etc. But, theoretically, what prevents me from continuing to work in my job while I sort out trying to re-apply for a new TN visa? i.e., what is the "catch" that trips me up with Immigration?

samdonowa
Junior Member

Joined: 27 Dec 2007
Posts: 18

Posted: Thu May 01, 2008 1:36 pm

from what i've read on this site and another site, u do not have 10 to 30 days. u r reqd to leave immediately and then return as a visitor to collect your things

perkyj
CanuckAbroad Regular

CDN in Illinois

Joined: 21 Mar 2008
Posts: 73
Location: Illinois

Posted: Thu May 01, 2008 3:15 pm

If you're applying for a new one, then you've either already left the country, or you've applied by mail. If your application by mail is denied, the policy states that you must leave immediately. If you're applying at the border, you're already on the other side anyway, and you'll have to ask to be let in as a visitor to get your stuff. This is a worry that I have every year, and it was especially stressful when our closest border was Mexico. This is just a recap of my experience and the little bit that I know about the question. If you're denied a new one, but your current one still holds, then you can still work, otherwise, what would prevent you from working is a whole stack of laws for both you and your employer.

boscanuck
New Member

Joined: 01 May 2008
Posts: 6

Posted: Fri May 02, 2008 12:04 pm

thanks for the responses.

I guess I just wonder how immigration catches on, at least in the short term (while the worker finds a way to legally work), to TN workers who get rejected but enter the states on a B-2 and then continue to work with the same company. The company doesn't care generally, as long as the SSN is valid, which wouldn't change unless there is an immigration system in place to snag all those who get rejected for TN. Nevertheless, the TN needs a revamping, the idea that there is no lag-time in order to tie up life's loose ends when rejected for a TN, though understandable from an immigration point of view, is silly in practice.

BCM
New Member

Joined: 16 Apr 2008
Posts: 6
Location: Jersey City

Posted: Sun May 04, 2008 10:15 am

Your I-29 has an expiration date on it. When you leave permanently it must be given to the airline agent or border agent. Should you not return the I-29, the Dept of Homeland security will assume you are still in the US.
You have 10 days to leave once your I-29 expires.
If you don't leave within 6 months of your expiration date you can be banned from the US for 5 years.