Apply at border while extension application in process?
Moderator: Jim Eiss
Apply at border while extension application in process?
Does anyone know if i can cut the wait short and go to the border and apply for a TN for the same position as i've already applied for an extension for via mail? What is the impact on the application via mail that's in process if i go to the border and am successful there? if i'm unsuccessful there? My current TN has not yet expired (about 2 weeks left). Thanks in advance for any accurate info.
First off, there is no need to go to the border simply to get TN now that you have submitted i129: you are in good standing for 240 days past expiry while waiting for approval.
If however, you need to leave US anytime for any reason between now and I-129 approval, you will have to get a fresh TN at the border, with all your original documentation.
A denial at the border for a new TN would only affect the expiring TN if you were judged inadmissable for other reasons: lying, criminal record, immig intent, etc.
A successful border application however, should quickly be followed by a letter from you to USCIS cancelling the pending I-129, as a future denial of this application would have the effect of cancelling your border TN.
If however, you need to leave US anytime for any reason between now and I-129 approval, you will have to get a fresh TN at the border, with all your original documentation.
A denial at the border for a new TN would only affect the expiring TN if you were judged inadmissable for other reasons: lying, criminal record, immig intent, etc.
A successful border application however, should quickly be followed by a letter from you to USCIS cancelling the pending I-129, as a future denial of this application would have the effect of cancelling your border TN.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
Yes, thanks. I know there's no *need* to go to the border, i just *want* to since i found out the Vermont Servcie center is 4 months behind. Is it correct that even if i'm denied the renewal at the border, say for paperwork mistakes, that i can still return to my place on my current TN that expires mid November and continue waiting for the application by mail to be denied/approved? I think this was answered in the 3 sentence below, but want to confirm, thanks.
As I already said, unless you are denied entry for non-TN related problems, your current TN remains valid, and your mail-in process continues intact.
She can't get the TD in absentia, so this may cause a problem if you get TN yourself and then cancel the mail-in, which you should. You would then need to submit a new I-539 for her TD.
This seems to be a waste of a good $600. You both d have just gone to the border in the first place.
She can't get the TD in absentia, so this may cause a problem if you get TN yourself and then cancel the mail-in, which you should. You would then need to submit a new I-539 for her TD.
This seems to be a waste of a good $600. You both d have just gone to the border in the first place.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best