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My experience

I finished my contract job at end of Dec, and still keep USA driver license. And I head back Canada only for 2 days then applied my new TN visa , I only showed them my degree and offer letter then I get aprroved. I not hand over my I-94 card when I left US... so they just relaced it with new one. I won't see any difficulty for you to reapply it, seems that they have no record to prove that you live in US for 4 months. Take Greyhound back Canada and let your friend drive you cross the border. You will be fine..
Drop me message if you need more information...
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Replies, comments and Discussions:

  • 枫下茶话 / 美国话题 / 拿TN在美国, LAY OFF后过一段时间有新的OFFER,有谁知道再去申请TN是不是很麻烦?
    因为才发现好象是要求没工作就要离开美国.可加拿大公民不是可以不需要签证去美国么?
    • “一段时间”是多久?建议你先回加拿大呆两天再过去签,不要开美国牌照的车,有可能的话准备点你那段时间在加拿大的证明,否则真的会被拒签甚至上黑名单
      • 4,5个月了,当时真不知道会有麻烦.在加有朋友地址,还有一些信件.可驾照都是美国的.你有听说过类似问题吗?能不能说详细写,非常感谢.
        个人觉得加公民不是可以自由出入美国么?为什么一定要在加呆着才能去申请TN呢?
        • 我朋友就是类似的情况被拒了,时间比你还短,大概才2个月,当时他是直接从美国境内开车到边境的,美国牌照引起了人家的注意,结果就被拒了
          建议你
          1. 回加拿大呆两天,但是尽量不要坐飞机直接回加拿大,因为一定有记录
          2. 去签证的时候不要开美国牌照的车
          3. 带一些证明你被LAYOFF以后回加拿大了,以备需要
          • thanks a lot! how can they notice the car? 不是在屋里办的么?车在外面啊? 车好办,可以开朋友的. 但驾照是美国的. 只有一些信件,税表什么的.
            另外"两天"是大概要多久啊?公司等着上班呢. 你朋友在东部还是西部啊?
            还有就是才发现它要求离开时要交还I-94,没有交会有什么后果?可以说交了么?
            • 西部,加州的,两天就是1-2,呵呵,一天其实也没什么,就是让你最好是从加拿大这面过去的,人家不会太注意
              • OK, I got what you mean. 你的朋友就是刚从美国过境到加,就在边境U-TURN, 被美国海关发现,且他的车是美国牌照.
                他是实话是说,还是说住在加?他后来拿到了么?
                美移民官怎么拒的他?
                • my thoughts
                  1. TN is for Canadian temp work in US.

                  2. You should not have US plate car, driver license, anything that shows your US residency, instead you need to have Canadian residency proof.

                  3. All the questions POE officers ask will be around ur Canadian residency status, the work you do is on temp basis.
                  • thank you for sharing your thoughts, but for Canadian, they can go to US and stay there for pleasure, right?
                    then what kind of canadian residency proof is enough? I have no canadian driver license. I think this is the biggest problem.
                    • ok
                      1. Proof: tenant agreement, property title, utility bill, tax return, bank statement, credit card statement...Canadian driver license doesn't count. US driver license will definitely screw you.

                      2. Under normal circumstances, POE officer will take your words, let you pass for visit not longer than a few days, but if you go into US to work, you must show proof you will be back to Canada once the work is finished.

                      3. I suppose you did that the first time, try it again.

                      Good luck.
                      • 3kx.
                        1. Why canadian driver license doesn't count? I think it is the basic proof for residency ah.

                        2. About temp working, what kind of proof could I try to get? What about in the offer or company's letter, mentioned the term is one year?
                        • 可以理解你的不解,美国海关的观点看,你必须证明自己。原则就是这样,其他的问问律师ba吧,如果你接受讯问时撒谎,他们确实有个黑名单。
                • 似乎他连UTURN都没做,直接就从美国这边进去了,后来就不再去美国了,搬家回来了
                  • sorry, I mean what he told to the officer? He said he lived in US? what did the officer tell him why he was refused and what he could do?
                    他有不好的记录了么?
                    • prepare the ties in Canada, and don't drive US-plate car.
                      try to use commercial transportation to cross the border, such as greyhound, tunnel bus, etc, then they might not notice your us driver license.
                      By the way, I know someones who work for the big three have hold TN visa for more than 5-6 years, they have claimed non-tax residence in Canada, thus they don't have any ties in Canada now including Driver License.
                      • enter is from Candian Custom ah? not from US custom. Will US see my car?
                        About your friends, were their TN always valid, or were they always employed during these years? thanks!
                        • they were always employed these years. As of my experience, the us custom will see your car.
        • Because of US law.
    • layoff后要立刻申请其他签证如B2才能待在美国。911前是$120改签证费。现在肯能涨了。
      • 就是不知道啊,没申请B2.现在咋办呢?
        • 找律师,千美元应该可以搞定。最坏也就是被驱逐出境,终身不得进入美国,没什么大不了的。
          • how can they do they? even with $1000
      • 加拿大公民待在美国,无须B2签证pass the border, and even no i-94 either.
        • that's what confusing me too. since no need visa to stay for pleasure, how come there are so many overstay issue for canadian?
          do you have experience? or heard of someone else?
    • is there anyway to apply Green Card for TN worker in US? thanks
      • up
        • no, you can't, you have to convert to H1B first.
      • No
    • My experience
      I finished my contract job at end of Dec, and still keep USA driver license. And I head back Canada only for 2 days then applied my new TN visa , I only showed them my degree and offer letter then I get aprroved. I not hand over my I-94 card when I left US... so they just relaced it with new one. I won't see any difficulty for you to reapply it, seems that they have no record to prove that you live in US for 4 months. Take Greyhound back Canada and let your friend drive you cross the border. You will be fine..
      Drop me message if you need more information...
      • In fact, US immigration knows he stays in US for 4 months illegally.
        Once a TN holder is laid off, the employer must inform the state labour department. And the labour dapartment informs US immigration. It may take a while before the US immigration get informed. So if you get your new TN within 10 days, they probably don't bother asking. However US immigration law has special articles on Canadian citizen. If a Canadian Citizen TN holder loses TN status, he must either change his visa status to a non-working visa such as B2 when he stays in US, or re-enter US from a port of entry as a visitor. If he doesn't do that, the US immigration would not do anything in the past, although he may face troubles if he applies for GC. All I said here is the law before 911. It may be tighten now.
      • thx.
        I have sent you a msg through rolia for more information.