San Jose, CA asked in Immigration Law for California

Q: Stay in US between terminated TN visa and new TN visa?

Hi there,

We are Canadians with TN &TD visa. My husbands TN job was terminated 1 month ago, we didnt think we needed to leave US since we are Canadians, and he has just been interviewing during this month, now that he is very close to a new job offer, it has been brought to our attention that what we should have done is to return to Canada and enter as Visitor to change our status to B-2. We now plan to return to Canada immediately, however, we are debating between 2 options to go about this, to ensure a success new TN approval.

1. enter as Visitors first, then wait for the new TN approval? (it is not started yet but soon) OR

2. remain in Canada, wait for the new TN approval and enter again.

I am leaning towards the first option, this way at least he is already in the country after obtaining the TN; with the second option, I am worried the officer will give him a hard time entering with the new TN due to the 1 month time in between.

Any help is appreciated, thank you!

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2 Lawyer Answers
Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
Answered
  • Immigration Law Lawyer
  • Sanford, FL

A: To avoid disaster in your future, Seek advice from an experienced immigration attorney. Good luck. www.aba-us.com

Martins I. Imudia
Martins I. Imudia
PREMIUM
Answered
  • Immigration Law Lawyer
  • Clearwater, FL

A: It is a slippery slope. You need to consult one on one with an experienced immigration attorney. Good luck!

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