- TN visa ineligibility
Posts Tagged ‘TN visa ineligibility’
If you want to travel to the U.S. temporarily to work, then the TN visa is for you. The TN visa allows you to work in the U.S. for a 3 year term that can be extended over and over. You can apply for a TN visa at a port of entry if you are Canadian but if you are Mexican you will need to apply at a U.S. Embassy or consulate from Mexico.
The documentation you must provide include:
- Identification (i.e. passport or citizenship card)
- Your relationship to your spouse and children (i.e. you can show your marriage certificate and your children’s birth certificate)
- Your worker agreement with your employer
- Bringing your resume along with references is recommended
- The job offer that states your job, the conditions in which you will work in
- The job for which you’ll work must be enough to maintain your family
Your job also must meet the requirements of the TN visa:
As a NAFTA professional you are allowed to bring your family members who can be your spouse and children who are under 21 years of age and single. You cannot bring your parents or siblings. They would be classified as TD dependents. You must provide proof of your relationship with them to the CBP officer at a U.S. port of entry. This proof can be your marriage and birth certificates.
Your spouse and children under 21 years of age will not be allowed to work during the duration of their stay. But your children will be allowed to study while there.
To seek an extension of staying, you must seek an extension of staying. But you must provide an intention of returning in the future though. This will also permit any TD dependent who wishes to extend their stay to do so.
- The employer must be American
- You must work under the American employer
- Recognized under NAFTA
- You must qualify for the job
- The job must require a NAFTA professional
- And must be pre-arranged to be part-time or full-time
Contact Akrami & Associates
It would be beneficial to seek the help of a legal adviser because they can help you to make a strong application with the appropriate documentation and this can further increase your chances of getting the TN visa and to be working in the U.S.
The TN visa was created as a result, of the free trade agreement that was signed by all the countries in North America. Eligibility for a professional to get a TN visa under the North American Free Trade Agreement (NAFTA) is as follows:
- The applicant must be a citizen of Canada or Mexico;
- The profession of the applicant is on the NAFTA list;
- The position the applicant has attained in the United States requires a NAFTA professional;
- The applicant must work in a prearranged full-time or part-time job for an employer;
- In addition, the applicant must have the specific qualifications that are required for the job, as well as the specific education, and/or experience required for the profession.Self-employment is not permitted and does not fall under the TN visa requirements and does not qualify as a NAFTA professional. If you are not a Canadian or Mexican citizen, you cannot apply for the TN visa. Persons with Permanent Residence do not qualify for the TN visa.There are different requirements for Canadian citizens versus Mexican Citizens when coming into the United States as a NAFTA professional. Although Mexican Citizens always require TN visas to request admission into the US, in some cases for Canadians, they do not need a visa. As a NAFTA Professional and a Canadian citizen, you usually do not need a visa as a NAFTA Professional, although the visa can be issued to a qualified Canadian for the TN visa, upon request.
As a Canadian citizen, you can apply for a TN non-immigrant status at a US port-of-entry, which is an alternative to getting a TN visa.
There are some instances when a NAFTA Professional (TN) visa may be required for Canadian citizens. In cases where a Canadian, who does not have a TN non-immigrant status, lives in a third country that is not Canada or the US, with a non-Canadian spouse and/or children, who wants to enter the US as a NAFTA professional at the same time as one of their family members. They will need a TN visa in order for the family members to be eligible to apply for derivative TD non-immigrant visa(s).
There are certain situations that may make a visa applicant ineligible for a visa, which are called visa ineligibilities, and these situations may deny you from getting the visa. Some of these situations are:
- Health related grounds,
- Criminal and related grounds,
- Security and related grounds,
- Public charge,
- Illegal entrants,
- You had previously removed from the US, and many other reasons.For some of these ineligibilities, there may be a waiver of ineligibility they may be able to get, which then would qualify them to receive the TN visa.
Contact Akrami & Associates
Qualifying for a TN visa is not as simple as you may think. Do not hesitate to contact us; someone from our legal team will be happy to answer any questions you may have.