Apply at border while extension application in process?

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Marlin37
Posts: 3
Joined: Fri Oct 26, 2007 10:44 am

Apply at border while extension application in process?

Post by Marlin37 » Fri Oct 26, 2007 10:53 am

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.

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Fri Oct 26, 2007 3:12 pm

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.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

Marlin37
Posts: 3
Joined: Fri Oct 26, 2007 10:44 am

Post by Marlin37 » Fri Oct 26, 2007 4:29 pm

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.

Marlin37
Posts: 3
Joined: Fri Oct 26, 2007 10:44 am

Post by Marlin37 » Fri Oct 26, 2007 4:35 pm

Also, does anyone know if it's possible for me to obtain a TD at the border for my wife without her there with me?

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Fri Oct 26, 2007 5:24 pm

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.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

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