TN visa renewal (security check is still pending)

[david_11]

I am Canadian citizen. I was born in IRAN. I work with TN visa. My Wife has Iranian passport and has TD visa. Both us are under special registration when we pass US border.
Last year before my TN visa expired on 09/17/2008, my company tried to renew my TN visa (premium processing) and my wife TD visa through USCIS (Vermont center). After almost 8 months, we have not got our visa (TN, TD) yet.
Any time the company’s lawyer calls the Vermont Service Center, the only thing they were able to confirm is the security check is still pending for me. They indicated they could give no estimate on processing times and provided.
Now, my company tells me that since after 240 days my TN visa has not been approved yet, I have to get a leave of absent and I have to go to border and renew it myself.
Question 1- Since Vermont center said that security check is still pending for me, could I renew my TN visa at the border?
Question 2- If the US immigration officer at the border renew my TN visa, could my wife’s TD would be renew too?
Question 3- If the US immigration officer at the border does not renew my TN visa, do they let me to come back to USA to get my furniture and things back to Canada?

Thanks

[Steven]

1) Well you can, essentially you're just abandoning the I-129 application, but at this point you're technically out-of-status.

2) No, because she's not a Canadian citizen - but if the TD visa in her passport is still valid, she doesn't need to get another one.

3) Depends on who you get, you are actually out-of-status at this point and you've stayed longer than six months beyond when you should have left, so I think there's a good chance you're going to face a ten-year ban to be honest.

This is a bit of a tricky situation, because if you leave and abandon the application you are essentially setting yourself up for a ban.

I think it's unlikely they would allow you in as a B-2 visitor at this point to collect your stuff as well, even if they don't ban you the fact you've been in the US so long would make it hard to believe that you're a visitor.

What you need to do is get your lawyer to talk to USCIS and ask them what the implications of your staying while the I-129 is processed are, because there has been a big problem with security checks lately. Or try calling them yourself and ask.

[haveBliss]

Steven,

Why you saying No to the 2nd question? Are you saying that TD visa will have to be obtained in a separate process? If he can get his TN renewed, then why not her TD?

Other thing, it's really confusing if you don't know an answer, please do not try to speculate; because this is a legal matter! If I'm not sure, then I would say, please get a lawer or get some legal advice!

No hunky punkey!

[Steven]

I'm not psychic, I don't know what the individual CBP officer who looks at that application is going to say so I can't be 100% specific, it's impossible. It's down to their opinion in many cases, I did say that in the post.

Because his wife is not a Canadian citizen she must have a valid visa to enter, which must be obtained at a consulate.

[Dremani]

Other thing, it's really confusing if you don't know an answer, please do not try to speculate; because this is a legal matter! If I'm not sure, then I would say, please get a lawer or get some legal advice!

No hunky punkey!

OK. You need to remember that this is an advice forum and not a legal consulting session. Have you read the disclaimer from the moderator? You cannot take the advice from here and use it for legalities. You mention this being a legal matter. If you want these questions to be answered legally in its entirety, then go ahead and seek a lawyer for REAL legal advice... Just giving you a heads up and not trying to be harsh!

[lawsrlaws]

Actually "Havebliss", Steven is right. You are the one that should not be giving advice.

ONLY Canadians get away with not having a Visa. His wife NEEDS one. Here at the Border there would be the possibility that he would be paroled into the USA long enough to retrieve his belongings. (up to the Officer and the Port)

Nothing in this process is 100%. Nothing is handled the same for everybody, there is always different variables.

[haveBliss]

Actually "Havebliss", Steven is right. You are the one that should not be giving advice.

ONLY Canadians get away with not having a Visa. His wife NEEDS one. Here at the Border there would be the possibility that he would be paroled into the USA long enough to retrieve his belongings. (up to the Officer and the Port)

Nothing in this process is 100%. Nothing is handled the same for everybody, there is always different variables.

Hey,

wait a moment! Remember, people are here to address some issues mainly; to get some workable answers; not for something that somebody dreamed alst night and expressed the theory of last night's dream. And practically, commonsense is not law.

TN is more straight forward. If you follow the job application procedure in the given Treaty (NAFTA) and pose no security threat to USA, then you can be sure that you are 95% (that's all you need, World is based on 95%, not 100%).

His wife can be a permenent resident of Canada as it's not mentioned.
Just think about it, if you want to reply to...

My purpose here is not to get more confused with the ideas of people when they are not knowledgable on the subject or have no expertise on the matter of dicussion. This will make a smiling man cry!!!

[Dremani]

My purpose here is not to get more confused with the ideas of people when they are not knowledgable on the subject or have no expertise on the matter of dicussion. This will make a smiling man cry!!!

Well, if are not satisfied with the ideas of people who according to you are not knowledgeable on the subject, why do you reference this forum for advice Just a simple question.

Why do you use the word "expertise" when this is an advice forum for Canadians living abroad? You can't take the word of what is said from different members as this is not a legal outlet for one to get the right answers. I think you're a bit confused as to what this forum is really about.