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my son was denied a TN-Visa but was not given an explanation...

 
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  • Answered by:Longhorn Lawyer
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Customer Question

my son was denied a TN-Visa but was not given an explanation... what are his options?

 

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State/Country relating to question: Canada

Already Tried:
compiled TN-Visa documentation, went to port-of-entry and was interviewed

Submitted: 287 days and 6 hours ago.
Category: Immigration Law
Value: CA$45
Status: CLOSED
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Expert:  Longhorn Lawyer replied 287 days and 5 hours ago.

Hello! And thank you for your question! While we are working together, I also may be working with other customers, so you may experience delays. Please be patient as we work through this process - your questions WILL be answered in the order they are received.

Also, Experts and Professionals do not get credit for helping you unless you rate them. During this process, I might provide an answer, but you may require clarifications or have follow-up questions. If you do, please do not rate my response. Instead, please click "REPLY" or "CONTINUE CONVERSATION" to ask your follow up questions.

Please remember that the ratings are based on my EFFORTS to help you, not on the outcome of your question. I cannot control the outcomes, as I do not make the law. So please do not rate the outcome of your question.

Again, please remember that a rating is the only way we get credit for working with you, so it is very important that you give a rating.

Unfortunately, there is no way for me to know why the application for the visa was denied. Usually, denials are based on a weak or suspicious employer letter, the application was not well documented, or he simply did not qualify for the visa status, either because of his experience/education, or the position itself was not eligible for TN classification.

The only thing he can do is to reapply for the TN visa, and if denied again, hope that he is given some information about why the application was denied. It could even be that the officer woke up on the wrong side of the bed, believe it or not.

There is no way to appeal such a decision. Approvals are completely left to the discretion of the officer interviewing the applicant.

I hope I have answered your question. Please remember to rate my efforts (and not the outcome), so that I get credit for working with you. If you require clarification or follow-up questions, please do not give a rating. Instead, please click "REPLY TO EXPERT" or "CONTINUE CONVERSATION."

Also remember that I do not write the law, so please don't give me a low rating just because you do not like the result.

Also consider leaving a BONUS - it is much appreciated.

Finally, if you have any future Immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!

Customer replied 287 days and 5 hours ago.

so, can he just go back and try again... tomorrow... or must he wait...


it is very frustrating that he was not told anything.. in fact he was specifically told that the officer did not have to tell him.. is that correct? Would it be better if he went to a US Embassy... or do they do TN-VISA/

Accepted Answer

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Expert:  Longhorn Lawyer replied 287 days and 4 hours ago.

No, he can go back tomorrow and reapply.

Although it is possible to get an actual visa stamp at the embassy or Consulate, usually the TN visa process in Canada is done at the US border.

If he or his employer does not have an attorney, it may be worth their while to retain one, so that he can present the strongest possible application to the border agent.

I hope I have answered your question. Please remember to rate my efforts (and not the outcome), so that I get credit for working with you. If you require clarification or follow-up questions, please do not give a rating. Instead, please click "REPLY TO EXPERT" or "CONTINUE CONVERSATION."

Also remember that I do not write the law, so please don't give me a low rating just because you do not like the result.

Also consider leaving a BONUS - it is much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!

Expert TypeImmigration Attorney
Category: Immigration Law
Pos. Feedback: 97.3 %
Accepts: 5278
Answered: 6/29/2012

Experience: Experienced in all aspects of immigration and nationality law.

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