How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Expert James Your Own Question

Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7538
Experience:  Experienced in all aspects of immigration and nationality law.
23431962
Type Your Immigration Law Question Here...
Expert James is online now
A new question is answered every 9 seconds

Hi there: I asked you a question not too long ago about

Resolved Question:

Hi there:

I asked you a question not too long ago about myself going as a TN Visa holder to the US with my daughter who is a Canadian Citizen like me and my wife only permanent resident of Canada. I'm about to get a job offer and I want to know what the easiest way of doing the TN and TD Visas are. I know I can get the TN at the border and my little one as well but my wife needs to go to the consulate. Can my wife get a visitor visa to use it when we come in to claim our TN and TD and apply
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Hi there,

Thank you for using Just Answer/Pearl. I'll do my best to answer your questions as completely and honestly as I can. Please note that I earn my living by helping customers like you, so once you've received your answer, I ask that you give me a positive rating for my customer service, so that I get credit for my work. Also please understand that the rating you give is not based on the outcome of your question, for which the law sometimes does not have a satisfactory solution. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further.

QUESTION: Can my wife get a visitor visa to use it when we come in to claim our TN and TD and apply for a TD Visa once in the USA under Visitor Visa. By using my I-194 Form obtained at the border?
ANSWER: She can try. And this is allowed, but under limited circumstances, where the person intended to be in the US as a visitor only, but then later changed their intent after some time.

But if a person uses one visa type to enter the US when their purpose or intent at entry does not match the required intent of the visa used to enter, they are committing visa fraud, and can face serious issues as a result.

QUESTION: How long before my job start can I come into the US and ask for TN Status? I was hoping to do so about a month before as I need to do a couple trips back to Toronto, find a place to rent down there and so.
ANSWER: There is no set amount of time, but in general, you should do so about 1 week prior to the start date, but no more than 2 weeks prior. One month definitely will be too far ahead of time.

QUESTION: If she can't apply for TD inside the US can she still come in with use as visitor and when back in Toronto apply for TD at the consulate?
ANSWER: She is eligible to enter the US with her B1/B2, and this is possible, but the officer ultimately decides whether to grant her entry, based on the circumstances as the officer sees them. But yes, this is permitted.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Customer: replied 1 year ago.

Thanks for your quick response. So in your opinion what will be the best way to do this.


 


Should we all go and apply for the TN/TDs at the US Consulate in Toronto ? This could delay my entry into the US if there are visa delays and so and my employer wants me there sooner than later.


 


Should I book a visa interview for my wife and daughter(She is Canadian Citizen and could get her TD at the border instead) come into the US by my self. Get the TN papers, email them back to them and get them to go for their Visas and have them flight down afterwards ?


 


You opinion will help a lot as I want to make sure that we don't break any laws and don't take any risks(we have a house in Canada that we will put up for rent and don't want to do that and get the visas denies, same goes with my current job in Canada).

Expert:  Expert James replied 1 year ago.
Carlos,

My opinion should not be construed as advice, as I am not allowed to guide, advise, or direct you as to your next course of action, per the site's disclaimer.

If it were me, I would go to the US, get the TN status, and then send for my wife and child. Or I would go to the US with my child, and then send for my wife once I've gotten TN status.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Customer: replied 1 year ago.

Last question... I promise... : )


 


If we are there under TN my self and TD wife and kid.


 


Can we apply for CAA(Cuban Adjustment Act) after one year and a day residing there ?

Expert:  Expert James replied 1 year ago.
Carlos,

No problem. However technically, this is a completely new and separate question, and usually, you would be required to post it as a new question. However I will not require you to do so this time. But please understand I only get credit for my work when you rate my customer service positively for the question I answer. That means for each new question, I can potentially get credit, but if you ask two separate, unrelated questions in the same set of questions, and you only give one rating, then I only get credit for answering one of your questions. Please keep this in mind, as generally, this usually would need to be asked as a separate, new question.

As far as this new question, yes, all of you, as Cuban nationals, are eligible for the CAA after you've spent at least 1 year (in the aggregate) in the US. This is true even if you also are citizens of Canada already.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Customer: replied 1 year ago.

Terrific... I will make sure I leave a good tip for you as well as a great rating...


 


Does this year have to be uninterrupted or we can travel in and out of the country and once we have spend the equivalent to 365 days we can apply ?


 


Regards...

Expert:  Expert James replied 1 year ago.
Carlos,

The USCIS Adjudicator Field Manual, Chapter 23.11(b)(3) states:"[An applicant must] Have at least one year of aggregate physical presence in the U.S. before applying for benefits under section 1 of the CAA (amended from two years by the Refugee Act of 1980). However, if an applicant was admitted or paroled and later departed from the U.S. temporarily with no intention of abandoning his or her residence, and was readmitted or reparoled upon return, the temporary absence shall be disregarded for purposes of the applicant's "last arrival" into the U.S. See 8 CFR 245.2(a)(4)(iii) and Matter of Riva , 12 I. & N. Dec. 56 (R.C. 1967) . Factors to consider in determining whether the applicant did in fact have an unabandoned residence in the U.S. are: the duration of the trip abroad; the purpose of the trip; how long the applicant was in the U.S. before departure; and the applicant's family or employment ties in the U.S. Bear in mind, of course, that a subsequent reentry on a nonimmigrant visa to an "unabandoned residence" may have been accomplished by fraud."

So to answer your question, it is 1 year total, physically in the US, where trips abroad do not count towards the 1 year, except as described above, i.e. short trips where the applicant has not abandoned his residence in the US.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7538
Experience: Experienced in all aspects of immigration and nationality law.
Expert James and 5 other Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
  • http://ww2.justanswer.com/uploads/GE/GeorgetownLawyr/2011-6-16_115959_MeatOffice.64x64.JPG Georgetown Lawyer's Avatar

    Georgetown Lawyer

    Immigration Lawyer

    Satisfied Customers:

    8543
    10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Immigration Lawyer

    Satisfied Customers:

    3550
    Knowledgeable and experienced immigration lawyer.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2889
    Private practice in several areas, including immigration
  • http://ww2.justanswer.com/uploads/Assielle/2008-12-13_165256_2_edited.jpg Law Girl's Avatar

    Law Girl

    Lawyer

    Satisfied Customers:

    451
    My law firm practices immigration law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    238
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/VI/Vilnius100/2012-7-12_193419_Gintare.64x64.JPG Gintare Grigaite's Avatar

    Gintare Grigaite

    Immigration Attorney

    Satisfied Customers:

    185
    Expert Immigration Attorney
 
 
 

Related Immigration Law Questions