It is common knowledge in the U.S. immigration law community that the holder of a TN visa cannot have the intent to remain in the U.S. on a permanent basis. TN visa holders must maintain their home residence in Canada or Mexico with the intent to return upon completion of their TN visa status. In other words, the TN visa does not allow for dual intent, only non-immigrant intent, intent to remain in the U.S. for a temporary time period. We were recently approached by a Canadian citizen who was denied on two previous occasions while attempting to enter the U.S. on a TN visa as a registered nurse. He was flagged as having “immigrant intent”, primarily because he has a U.S. citizen wife and child residing in the United States. To add further stress to the situation, his wife was due with a second child any day and his employment was about to commence.
After consulting with other immigration lawyers and referencing several immigration resources, getting him across the border in time to witness the birth of his second child and start his employment on time, seemed virtually impossible. Despite the odds being stacked against us, we worked with our client to assemble a compelling TN application. We were able to help him overcome the “immigrant intent” flag, obtain TN status and enter the U.S. just days before the start of new employment and the birth of his second child.