HR claims high chance of TN denial for newly naturalized Canadians?

NVIDIA 10gigarays
Aug 12 14 Comments

Going to work at the same US company as my SO in September, however my SO is in the last stage of acquiring Canadian citizenship whereas I already have a TN. SO is weeks away from a new grad start date in the states, but SO is technically meant to start in the company's Canadian office as long as SO isn't Canadian. It's too late this year for h1b and SO has no TN option yet, but it looks like citizenship will come after their start date. If SO starts in Canada, they will be locked into an 18mth rotation contract without an option to move to the States during it.

The company says they don't want to petition for a TN visa for SO because of a high risk of denial. Are they pulling our leg because they're too lazy to deal with this messy situation? Should I believe that their visa chances are actually slim due to SO being a new Canadian citizen?

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TOP 14 Comments
  • Apple FPPM52
    Legally speaking nowhere in the NAFTA treaty or the US immigration law they have a place where they requires someone to have Canadian citizenship for a minimum period of time to be eligible for a TN status.

    However, one of the thing they have to verify is an applicant’s ties to Canada. An officer, to admit someone in a non immigrant status, must be convinced that the applicant intent to stay temporarily in the US and will return to his home country at the end of their status.

    Having no work, no family, no long history, no residence, no spouse in Canada will weight a lot in that decision.
    Aug 13 1
    • Apple FPPM52
      And I can understand your company to be cautious with your specific case.

      Your spouse ties to Canada feels weak. And a denial is part of an applicant’s permanent file in the USCIS databases. And to overturn a denial is challenging. And might weaken more your spouse apparents ties to Canada.
      Aug 13
  • Broadcom Ltd. / Eng
    headbanger

    Broadcom Ltd. Eng

    PRE
    Intel, Broadcom Ltd.
    headbangermore
    These types of questions are best answered on forums like the one below and not on Blind:
    https://forums.immigration.com/forums/tn-status.230/
    In all my years on TN, this is the first time I hear this garbage.
    Aug 13 8
    • Broadcom Ltd. / Eng
      headbanger

      Broadcom Ltd. Eng

      PRE
      Intel, Broadcom Ltd.
      headbangermore
      Another option is: the employer files an I-129 for her TN with USCIS. A USCIS approved TN makes it really hard for a CBP officer to reject entry. An I-129 TN is a more objective process as opposed to a border TN just because the CBP officer’s decision makes it a subjective process.
      See, there are other ways to handle this and make it less riskier. That’s why I think this is all BS talk and excuse from HR.
      Aug 14
    • Broadcom Ltd. / Eng
      headbanger

      Broadcom Ltd. Eng

      PRE
      Intel, Broadcom Ltd.
      headbangermore
      Another thing: the Canadian passport doesn’t say when you became a Canadian citizen. If she’s never entered the US on a non Canadian passport, they’ll never know when she got naturalized.
      The more I think about this the more I get convinced HR is full of it. I personally wouldn’t recommend working for such a company.
      Aug 14
    • Apple FPPM52
      I can vouch for the I129/I797 route. It’s way easier crossing borders with an approved petition notice. In my personal experience, they didn’t even ask me any questions. They stamps my passport, and I’m good to go.
      Aug 14
    • Broadcom Ltd. / Eng
      headbanger

      Broadcom Ltd. Eng

      PRE
      Intel, Broadcom Ltd.
      headbangermore
      Apple, were your I-129 TNs renewal TNs and filed while you were in the US? The reason why I ask this is because I haven’t seen an I-129 being filed for a Canadian who is not yet on the US soil. Although I have read some employers do this in recent years. This wasn’t an option years ago.
      But again OP’s wife can always come to the US on another status like TD or B and then file a TN I-129 with premium processing and start working in 3 weeks.
      It all comes down to the HR talking nonsense and looking for an excuse. There are actually quite a few options available in this case.
      Aug 14
    • Apple FPPM52
      In the previous administration, we use to be able to apply for L visas directly at the border. But in the current administration, many port of entry simply refuse to look at them, asking applicants to apply to the USCIS directly.

      I renewed my TN once, through a I129, in 2017. At that time, Fragomen, Apple’s immigration firm, told me they no longer provide package to apply/extends status at the border and exclusively petition people through I129s.
      Aug 14
  • Facebook GXuw28
    Cant you just marry and get family visa?
    Aug 12 1
    • Apple FPPM52
      OP said he/she had a TN status. Spouse of TNs, classified as TD, don’t have any work authorization.
      Aug 13
  • Symantec jffu57574
    I saw something similar when I got my TN back in 2011. A woman in front of me was having a lot of trouble because the immigration officer believed getting Canadian citizenship was for the sole purpose of moving to the US. From what I overheard she only recently got citizenship at the time.

    They asked me about how I got Canadian citizenship, how long I had it for and so on too. I got my citizenship several years before so I didn’t have trouble.
    Aug 12 0