For example, if your TN visa is denied your employer may fill the position with another applicant. Other consequence could include missing your employment start date, incurring additional fees for travel accommodation or flights, or missing job opportunities altogether.
Why was my TN visa application denied?
It was found that you were pursuing green card status, thus violating the nonimmigrant intent of the TN visa. Your application was under-documented or the immigration officer did not feel their was sufficient evidence. During your interview, you providing conflicting answers regarding your position, duties or other details pertaining to your case.
What should I do if my visa application is denied?
If your application was denied because documentation or information is missing, you can provide the missing documents or information as soon as possible. After submitting the documentation, your visa application can then be processed to conclusion to determine whether you qualify for a visa.
What happens if you overstay your TN visa?
As previously mentioned, overstaying can have dire consequences. To best avoid this, you should apply for your TN visa extension long before your departure date. This will give you sufficient time to find another course of action if you receive a TN visa extension denial.
Can a Canadian apply for a TN visa at the border?
Just as with any important presentation, the key to a successful TN visa application at the Canada/U.S. border is preparation. Due to the high-stakes nature of the application process, many Canadian applicants are understandably uncomfortable with applying for TN status at a U.S. port of entry.
How many times can you apply for a TN visa?
TD visa for TN visa dependents Like the TN, the TD visa comes with an initial three-year period of stay and has no limits on how many times holders may extend or renew. Similarly, TD-1 visas are awarded to eligible dependents of Canadian citizens while TD-2 visas are awarded to eligible dependents of Mexican citizens.
How often do TN visas get denied?
In 2018, the TN approval rate was 88.2% and RFE was issued in 28.2% of cases. In 2019, the TN approval rate was 89.8% and RFE was issued in 24.5% cases. In 2020, the TN approval rate was 90.5% and RFE was issued in 23.1% cases.
Is it hard to get a TN visa?
When compared to the process of obtaining other work visas, such as an H-1B Visa or an L-1 Visa, it is rather easy to get a TN Visa. In fact, in many cases you can obtain a TN Visa the same day at a qualifying port of entry.
What happens after your visa is denied?
After being found ineligible for a visa, you may reapply in the future. If you reapply for a visa after being found ineligible, with the exception of 221(g) refusals, you must submit a new visa application and pay the visa application fee again.
Can you reapply TN visa if denied?
If you have been denied a TN Visa for any reason, don't panic. Some TN Visa denials cannot be overcome, but depending on the reasons behind your denial, there may be options to make corrections, return to the port of entry with the correct documentation, reapply, and still obtain approval of your TN Visa.
Why would a TN visa be denied?
An individual may be denied a TN at the border not only if his/her job or credentials do not meet the requirements for a TN, but also on account of activities occurring during past visits to the U.S. Individuals who CBP believes violated the terms of a prior visa, e.g. by working without authorization, remaining in the ...
Does TN visa require interview?
In addition to documentation requirements, the TN visa application process also requires an interview by a U.S. immigration officer.
Do I need a lawyer to get a TN visa?
Overview. In short, you do not need a lawyer to successfully apply for a TN status but it could help. Applicants might often choose to apply without a TN visa lawyer if their future US employer can't pay for this extra legal support or if their TN visa case is very straight forward.
Can I leave the US while on a TN visa?
Reply: There is no specific time period governing how long a TN visa worker and his/her dependents may remain outside the U.S. and then seek re-admission – provided a return is made within the validity period of the TN/TD visa status (as evidenced on the I-94).
How many times can I apply for a US visa after rejection?
There is no time restriction on resubmitting an application after a refusal. If additional information or supporting documentation is available which may further demonstrate applicant's qualification for a visa, an application may be resubmitted.
How long does the US embassy keep a record of visa denials?
Paper DS-156 records are maintained for eleven years from the date of last action.
What is the difference between visa refusal and rejection?
Visa refusal means you did something wrong and that went on your permanent record, leading to visa refusal. While the visa rejection means something is missing from your application and you have to resubmit your paperwork. A denial letter and a refusal letter are interchangeable; however, a visa rejection is not.
Can TD visa be denied?
In fact, TN and TD visa applicants may be denied if the consular officer determines that the candidate has intentions of seeking permanent residence in the United States.
Can TN visa be revoked?
TN status may be easier for some Canadians or Mexicans to obtain, as they are not subject to the annual cap for H-1B visas issued. However, because the TN status is adjudicated at the border, TN status can also be revoked at any time at the border (if a Canadian is re-entering the US), even if it is not up for renewal.
Can I get a green card on TN visa?
TN Visa to Green Card through consular processing Alternatively, TN visa holders can simply leave the U.S. and file an application for a green card from their respective home countries. This is known as consular processing. The USCIS will process the petition and issue you a priority date.
Can my wife work if I have a TN visa?
Simply put, via the TD visa, as a spouse or child of a TN visa holder, you can apply to work and live in the U.S. under this visa status.
Possible Reasons for TN Visa Application Refusal
We have a U.S. visa team who deals with TN Visa applications as well as TN Visa refusals.
Accessing the Reason for Refusal
What we do when someone comes to us who says, “My TN Visa was rejected,” we look at the case in detail and many times the application was just not prepared properly. A TN Visa application generally is easy to get if you do it right.
We Can Help If Your TN Visa Application Has Been Refused
Sometimes it means that your paperwork was not properly prepared. So hopefully this gives you some idea that there is some hope for anyone who was refused a TN Visa. Thank you for listening, and have a great day. Oh, one thing before I go. You can go to our website, www.visaplace.com for more information about TN Visas.
What happens if you are denied a visa?
If denied a visa, in most cases the applicant is notified of the section of law which applies.
Why is my visa denied?
An application may be denied because the consular officer does not have all of the information required to determine if the applicant is eligible to receive a visa, because the applicant does not qualify for ...
What is INA visa?
The Immigration and Nationality Act (INA) contains provisions that may allow a visa applicant who was denied a visa for a particular ineligibility to apply for a waiver of that ineligibility. The Department of Homeland Security (DHS) adjudicates all waivers of ineligibility. Waivers are discretionary, meaning that there are no guarantees that DHS will approve a waiver for you. If the waiver is approved, you may be issued a visa.
What does "refusal of visa" mean?
A visa refusal, or ineligibility, under section 212 (a) (4) of the INA means that the consular officer determined that you are likely to become a public charge in the United States.
What do consular officers look for in visa interviews?
While conducting visa interviews, consular officers look at each application individually and consider the applicant's circumstances, travel plans, financial resources, and ties outside of the United States that will ensure the applicant’s departure after a temporary visit.
Where do I mail a waiver for a K visa?
Citizenship and Immigration Services (USCIS) Lockbox facility, with few exceptions. Learn more on the USCIS website.
What does "misrepresentation" mean?
Misrepresentation means that you falsely presented facts and were not truthful in an attempt to receive a visa or enter the United States. A fact is considered material, as it pertains to this section of the INA, when, had the truth been known, you would not have been eligible to receive a visa or enter the United States.
Why is my TN visa denied?
For an overview of TN eligibility for Canadians, please see TN Visa Application Procedures for Canadians. The most common reasons for denial are lack of evidence of eligibility, so it's important to bring clear, concise documentation to your appointment. Most commonly, applicants encounter difficulties when they have forgotten educational records, or documentation from the employer that explains the position's duties.
What to do if you are TN eligible?
Once you and your employer have determined that you are TN-eligible and that you don't appear to have any inadmissibility issues, the next step is to gather the necessary documentation to support your application, in preparation to present these to the Customs and Border Protection (CBP) officer at the U.S./Canada border.
What is the TN eligibility checklist?
This checklist also serves as a quality guideline to what the application documents need to address, taking away much of the mystery of how the interview should proceed.
What to do if you don't understand something?
If you don't understand something, contact your employer or lawyer for an explanation.
Can I apply for a TD visa separately from my spouse?
If your spouse or children will be applying for their TD visas separately from you after your TN has been approved, they should be sure to carry original documents evidencing their relationship to you in addition to proof of their Canadian citizenship (such as their passports), a copy of your TN visa stamp and I-94 showing your TN admission, and proof that you are maintaining your TN status (most recent pay stubs or employment verification letter signed by your employer).
Wrong NAFTA Occupation
If you indicate the wrong NAFTA occupation on your application, then the chances of your TN visa being declined are high. You need to indicate the appropriate job that suits your qualifications. In some cases, you may fail to meet the qualifications required for a specific position like not having the required degree, training, or experience.
Lack of Legal Knowledge
Immigration officers perform an in-depth analysis of your visa application to determine whether you are eligible to get approval or denial. The NYC immigration attorneys at LightManimmigration.com explain that there are different things to consider if you want to increase your chances of approval.
Your Application Lacks Valid Documentation
Another reason that can lead to denial of your TN visa application pertains to the absence of required documents. Some documents may be missing, and this jeopardizes your application. If you do not provide valid documents that support your credentials, you risk being denied the visa.
You Have a Criminal Background
If you have a criminal record or background, the chances of denial of your TN visa are very high. You should have a clean record with no previous convictions or pending crimes. If you have at some point violated your immigration conditions in the past, then your visa application is likely to be denied.
You Have Other Intentions
If you are pursuing a green card status, you may not be eligible for a nonimmigrant TN visa. Other applicants may have other reasons to go to the US, despite owning properties in their countries. Some people may even have healthy bank accounts but still, need to access a TN visa as a gateway to the US.
Inconsistent Answers During an Interview
All TN visa applicants are subject to undergo interviews as part of the screening process. However, if you provide inconsistent or conflicting answers, the immigration officers can decline your application. If you provide wrong answers regarding your job and duties, your visa will not be approved.
