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

Hi there: I asked you a...
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
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Answered in 15 minutes by:
5/7/2013
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,616
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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!
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Customer reply replied 4 years 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).

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!
Ask Your Own Immigration Law Question
Customer reply replied 4 years 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 ?

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!
Ask Your Own Immigration Law Question
Customer reply replied 4 years 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...

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
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Satisfied Customers: 12,616
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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