TN Visa Denied? What to do

TN Visa Denied? What to do!

Your TN Visa application has just been denied at the border. Now, you are asked to turn around and go back to Canada. What went wrong? And how can you reapply?

Your TN Visa application may have been denied for some of these common reasons:

  1. The employment or support letter was overwritten.
  2. The application was under-documented or you lacked the required documentation.
  3. You lacked the necessary qualifications (such as degrees, training and experience) for the position.
  4. You did not pass the “strong ties” test. This means that the immigration officer was not convinced of your intention to return to Canada once your TN employment is finished. Factors like family, property, and businesses can establish strong ties back home.
  5. You either have a questionable criminal record or have a violation in your immigration status in the past.
  6. You provided conflicting answers during the interview concerning your position, job description or other details related to your application.
  7. You were found to be seeking green card status in the U.S. which violates the non-immigrant intent of the TN visa.

Listing the wrong NAFTA occupation can also cause a TN Visa denial. NAFTA stands for the North American Free Trade Agreement, it has since been replaced by the USMCA which stands for the United States Mexico Canada Agreement.

This treaty has created beneficial economic and trade relationships between the U.S., Canada, and Mexico. Citizens of Canada and Mexico are allowed to work as NAFTA professionals in the United States using the nonimmigrant TN Visa.

There are many other reasons for a denied TN Visa. For example, a misreading of the application, the internal policies governing the port, or a Port of Entry officer simply having a bad day. No matter what, the officer must tell you the reason. Fortunately, you can still reapply or file an alternative visa application.

Return to the same Port of Entry to reapply

Be sure that you understand the reason behind your application’s denial and acquire the documents and evidence that meet the requirements. Immediately return to the same Port of Entry officer who denied the application. You can call the adjudicator ahead of time to inform them of the added documents or requirements so they can attend to the issues right away.

Try a different officer or Port of Entry

You can also bring your completed application to a different officer at the same Port of Entry or to another officer at a different POE. You should be honest with the new officer that your application has been previously denied. Although this disclosure used to be more of a personal decision, it can be helpful in this post-9/11 period where a lot of things have changed. Security databases have improved in speed and accuracy, and situations are assessed more carefully.

If you are honest about the previous denial and come prepared with documents and other requirements, you not only boost your chances of approval, but create a solid reputation for yourself for future transactions.

What are the consequences of a TN Visa denial?

Do not take a TN Visa denial or any other immigration matter lightly. A denial costs time and makes you lose precious opportunities. Some undesirable consequences could include failing to report for work on your first day, incurring additional flight or accommodations expenses, or missing employment all together. If you can’t report for work due to a denied visa, your employer may offer your position to another applicant. It is important to note that there are also mental and emotional factors involved.

Many issues arise which can contribute to a TN Visa denial. Remember to seek the assistance of an experienced TN Visa Attorney when you apply for the first time or when reapplying.

Reapplying for a TN Visa – Some tips

  1. It is important to understand the reason for your application’s denial. Never argue with the immigration officer. Go back to Canada and immediately discuss the issue with an immigration attorney. It is better to come back and reapply when you’ve got everything prepared.
  2. The immigration officer may express doubts about your employment and support letters. Request your employer to redraft a more concise version of the documents.
  3. Limit the duration of your job to six months to a year. Never go over a year particularly on your first application. Once matters go smoothly the first time, it will be easier to get a TN Visa extension.
  4. POE officers will recheck previously submitted documents. For this reason, make any important changes regarding an employer or a past position with care. If this isn’t done correctly, you might raise suspicions.
  5. The worst TN Visa denial scenario is getting accused of misrepresentation or fraud. That might get you banned for five years. Immediately after such a denial, get the POE officer to sign a withdrawal of your application. This withdrawal, which is usually allowed, will make it appear like this application has never happened.
  6. Review your application over and over to ensure that all the information have been filled, are truthful and up-to-date. Applicants often get overwhelmed with paperwork and other requirements and tend to overlook certain basic components. Make sure that your employment letter has all the necessary elements including:
    1. Company name
    2. Position and job description
    3. Duties
    4. Salary
  7. After a TN Visa is denied, the best way to prepare is:
    1. be really sure that you understand the reason for the denial
    2. create a better cover letter
    3. include more supporting documents
  8. If you are a Canadian citizen, you have only one opportunity when you apply at the border. Get it done right or you may be barred.

Consult a TN Visa Lawyer

You may encounter some obstacles after your TN Visa is denied and when you prepare for reapplication. In any case, it’s always advisable to consult an immigration lawyer experienced in handling complex TN Visa cases. They will be able to work out the best strategy whether you’re applying, reapplying, or preparing for the interview.

Our attorneys at Richards and Jurusik can examine your TN Visa requirements

and process your job qualifications for the NAFTA position. In every step of the process, we will provide you with updates and legal advice that apply to your situation. During your first consultation, we’ll explain more clearly our strategy for getting your TN Visa approved.

Contact the legal team at Richards and Jurusik today. Call 716-970-4007 and speak to a TN Visa lawyer today.

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