Was just rejected the TN-1 Visa. I need urgent help!

Hi All!

Derby Line crossing, I submitted my TN-1 Visa application as a Management Consultant. I was interrogated, rejected, finger printed, photographed and warned to always cross with a utility bill to show I reside in Canada. Here are the Questions, please help!

1_ I read all the warnings. I tailored the offer letter, I was professional and very prepared. They said the offer suggested I'd be a manager and not a management consultant. This made me wonder, have any of you been able to get a TN-1 visa under this title?

2_ Now I'm screwed and so is my client. I'm really the only one who can help them survive. I fear without me being there (also because I will be financing them) they could go bankrupt in months losing a lot of jobs. The officer warned that it would be very very unlikely I would get a TN with them and said to apply via H1B. I'll take his word, but H1B's are maxed out, how long do I have to wait?

3_ I live 5 minutes from the US border. Can I clear my record somehow so I won't be hassled EVERY TIME. actually, I go to the US several times weekly to fill up on gas.

4_ If I hire a company to help me. What happens if they reapply and further damage my ability?

5_ It was bad timing today. I caught the officer 30 minutes before his shift ended so I think he wanted to reject it even before I started.

6_ Once it's rejected. Can I reapply, plead my case. I am very qualified, a finance degree holder, 5 years experience and I've consulted the global company in china for 3 years. I know i qualify, but am I wasting my time reapplying?

Any help is really appreciated. I'd pay for some help too if I knew a similar case that proved to be successful.

Thanks ever so much!

From the sounds of it they're right, you're not a management consultant, you're a manager so you don't qualify. Management consultant means purely that, e.g. you are employed by a management consultant firm - you're saying that you're investing in this company, that's not being a consultant (not as they interpret it anyway). "Management consultant" is a tricky one to get, they interpret it very narrowly. I'm guessing that your letter indicated some sort of active management involvement rather than just consulting on it.

You could try a different NAFTA category if you fit into it I suppose, but if you're investing in the company then TN-1 isn't the right category, you're looking at an E visa. E-1 if the business has offices in Canada, otherwise E-2.

E-2 is a very complex visa to get (probably the most complex) and you really need to get hold of an experienced immigration consultant who specialises in them as each application is unique. They can be done reasonably quickly (few months) if all the paperwork (of which there is a great deal) is filled in correctly.

I wouldn't recommend attempting to do it yourself without help, there are too many not obvious "gotchas" in the paperwork. Although you sound as though you've got a good handle on doing financials so you might get away it.

However on the plus side you're dealing with people at the consulate rather than the border.

Good advise Steve.

You do not qualify for a TN. Period. Any attempt to try a different TN category would simply be fraud.

An E Visa is the ONLY legal way. I know you don't want to hear this, but it's the truth.