Urgently need TN Visa Help (Sorry so long, many questions)

I'm a Canadian who has been living in the US and working as a university professor for the last four consecutive years. For 3.5 of those years I had an H1B visa. Then, for personal reasons, I left that job and became an adjunct/part time prof at a different university and have had a TN visa for that job. The TN began in January and is ending at the end of this month (next week). I have agreed to teach another semester as an adjunct prof for this current university beginning in September. This means that for the summer, I will live in the US as a tourist because, unlike the former job (H1B visa), this current position has no summer duties. I was just going to live off my savings and bide my time here until my job starts in August and I get another TN visa (hopefully...they seem to like professors).

So, because of my expiring TN, I had planned to leave the US this weekend to visit friends in Canada, then to re-enter as a tourist. However, I am apparently an idiot because I didn't think this through at all...I guess I've just become so accustomed to living in the US. I didn't realize until today (the day before my planned trip to Canada) that my plan to drive my own car (registered to me in New York state) into Canada and then try to reenter as a tourist with a car registered to me in the US is probably a terrible idea.

As a Canadian tourist in the US, am I allowed to have a car registered to me in the US? (Aside from the fact that it looks bad in terms of my intent to stay here, is it legal?) Would I be allowed to drive my boyfriend's car (without him in it), also registered in the US, to Canada and back?

The problem is that even if I don't drive it to Canada this weekend and I take the bus or fly instead, I definitely need to drive my car to Canada again later in the summer. Obviously, if I leave this weekend on the Greyhound and reenter as a tourist, I can't really attempt to then drive to Canada in a car registered to me in the US later in the summer, can I? Am I expected to sell my car or something?

This is a very difficult situation for me because I've made a life here for the last four straight years, and I know that I'm going to be starting to teach again at the end of August. I'm not trying to work illegally or anything, I have worked hard to save money to sustain me over the summer.

I've been told that I'm not supposed to let on that I have agreed to teach here again in the fall, is that true? I mean, my name is online as the instructor for the courses, I've ordered my textbooks, there's an office at the university with my name on the door, etc. Am I really supposed to pretend that I've moved back to Canada and am just visiting the US for the summer and have no intention of working in the US again?

I really need help and advice here; I have searched online and can't find any useful info. Any insight would be appreciated. Thank you in advance!!

Your biggest problem re-entering the U.S. as a tourist on B-2 Status is your lack of explicit ties to Canada.

Unless you are able to prove concrete ties to Canada in the form of an apartment lease, utility bill, etc., a CBP Inspector who knows what to look for will refuse you entry on the spot.

Usually, a documented B-2 at the border entering as a tourist brings this information along to the port of entry to establish their intent of stay is only for 6 months maximum or less.

If you can show ties to Canada, you should be able to re-enter the U.S., otherwise it is a very risky maneuver.

MC, thanks so much for your response. My TN visa expires next week. As I understand it, I'm not allowed to stay in the US after it expires. I have been living here for 4 years. During the university semester (which just ended on Tuesday) I wouldn't have had the time to go back to Canada to find a place to live, etc. So couldn't I explain that I wanted to leave the country this weekend to comply with legal requirements but that I have not yet had the chance to pack everything up and that I need to go back to tie up loose ends, ship some things home to Canada, etc. And then say that I'm going back to Canada to stay with my family initially and will find a place to live once I arrive? I mean, they're going to know that I haven't lived a day in Canada since 2005; how could I be expected to have ties there when my job here just ended mere days ago? Aren't I allowed some time here to wrap up my affairs?

-- Thu May 20, 2010 10:13 pm --

Also, I am certainly not well-versed in this area (although clearly I need to change that), but aren't B-2 visas for non-Canadians? Meaning, I thought Canadians did not need a visa to travel in the US as a tourist. I have stayed in the US several different times for months at a time as a tourist and have never been asked for any proof of anything. I understand that because I've been living here it's a different situation, but I didn't realize that there was an actual visa for Canadian tourists in the US.

You could return to Canada upon your TN expiring.

Just before your TN expires, you could also file an I-539 form to change status from TN to B-2 Status from inside the U.S. You would receive a response subsequently regarding your change of status.

All TN's have the same problem showing ties to Canada since they all have status in the U.S. That is why showing ties to Canada are not a prerequisite for obtaining TN Status. However, anyone entering on a B-2 must overcome the presumption that they are not an intending immigrant.

The response from CBP tends to vary, some inspectors are very understanding while others can be mean and strict. Therefore it could be risky attempting to re-enter on B-2 with no obvious Canadian ties.

-- Thu May 20, 2010 1041 pm --

Also, I am certainly not well-versed in this area (although clearly I need to change that), but aren't B-2 visas for non-Canadians? Meaning, I thought Canadians did not need a visa to travel in the US as a tourist. I have stayed in the US several different times for months at a time as a tourist and have never been asked for any proof of anything. I understand that because I've been living here it's a different situation, but I didn't realize that there was an actual visa for Canadian tourists in the US.

B-2 Status is applicable to any tourist although much of the time, Canadians can get B-2 at the border very easily without too much resistance and without an I-94 issued.

However, there are cases when CBP suspects immigrant intent and will issue a secondary inspection demanding that the tourist in question is bona fide in their intent and can actually document it as well with concrete ties abroad. They might also issue an I-94 in such a case.

Thanks again for your helpful responses, MC. I'm sorry, I have one more question.

My TN visa actually expires in January, 2013 (that's the date written on it). It's just that the offer letter states that the semester ends May 24, so I guess that's technically when the visa is up. I'll get a separate offer letter later in the summer for the Fall semester teaching.

Given that the classes I'm teaching aren't offered in the summer, and that the expiry date written on my visa is January 2013, does this give me any leverage to stay in the US over the summer?

Thanks again for your help, it's sincerely appreciated.

If your petitioning letter stated the term ending May 24th, then your TN would not be valid past that date even though they granted a 3-year term which is now the norm, so no leverage.

If you return to Canada, be sure to hand over your I-94 to Canada Customs. You could then re-establish ties to Canada and re-enter on a B-2 or wait until the next semester and then go to the border for TN.

If filing I-539 internally in the U.S., make sure you mail it in to the correct location before your final day on May 24th, preferably guaranteed mail. You would be amazed how these things can blow up in your face if you get a little careless.

If granted B-2 via I-539, you will have U.S. tourist status without having to go to the border.

You will however require a new TN for the Fall semester using your new offer letter.

The B2 you would apply for by mail, would only be valid until you left US for the first time after sending it.

So, if you are really planning to go back to Canada any time soon, forget the mail-in B2.

Another point. While your duties may have ended for the semester, are you still considered an employee? You may need to convince youremployer that the inconvenience of interupting your job will probably mean you look elsewhere (you are still eleigible for H1).

Now you are stuck re-importing your car into canada, plating it etc.

I am a prof, and was in a somewhat similar situation last summer - had a visiting contract in the US until May, then a new job at a new institution starting in August. No car to worry about, but I did need to go to the US between those dates to find a new place to stay (I was changing cities). I just crossed in a rental car and got B-2 status in late June. I think having a rental car or a return air ticket is usually enough to convince CBP that you do not have immigrant intent - the CBP official I dealt with didn't seem at all concerned that I'd been in the US under TN status for the previous 10 months, just wanted to know where I was going and how long I was staying. You could avoid the hassle of plating the car in Canada if you just leave it in the US and rent for trips across the border - I have taken rental cars across several times and never had a problem, and in the end it may be cheaper.

Good advice about the car.

Btw, what one is trying to allay with a return ticket or a rental car is not so much immig intent, but suspicion of overstay.