TN I-129 extension Denied

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Tracyj
Posts: 15
Joined: Thu Dec 14, 2006 5:57 pm

TN I-129 extension Denied

Post by Tracyj » Tue Jul 29, 2008 1:50 pm

They said they didn't receive the paper work (or didn't receive it in time) and due to that my petition is denied. I now have till Aug 21 to leave (according to the letter).

1. Is there anything I can do to appeal? I looked on USCIS site and it didn't look like it, but I wanted to make sure (I did send the paperwork in, not sure what happened).

2. Is there anything special I need to do when I go to the border and try to get a new TN visa?

3. Should I go up to the border immediately to recitify or wait? And, if I do and the visa isn't granted is it fairly straight forward to get a visitor visa to come back and get our affairs and such in order to leave the country.

I have never had troubles getting the TN before and applied for the extension by mail last year successfully.

Any help would be greatly appreciate.
(one stressed out canadian)

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

Post by nelsona » Tue Jul 29, 2008 2:12 pm

You need to go to the border ASAP to get a new TN.

If your TN was merelyt denied on a technicality (like missing document) then you should have no problem getting a new TN.

I would haver a question as to why your TN would be denied for missing info however, as there would typically have been a request to your firm for the missing infor (an RFE). Was one never sent, or did your firm drop the ball.

I would warn you though, that if you are denied at the border (assuming your previous TN has now expired), the only way to get back in would be by tourist (B2) status, which would be problematic in your case, since I presume you do not have sufficient ties in Canada to be granted tourst status.

So, a trip to the border would at least require that you have an iron-clad TN petition in hand, as well as a well-rehearsed answer as to why your I-129 was denied. You would take all I-129 related papeerwork, but do not show unless pressed.

And you should no longer be working as of NOW.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

Tracyj
Posts: 15
Joined: Thu Dec 14, 2006 5:57 pm

Post by Tracyj » Tue Jul 29, 2008 2:51 pm

I got more information.

For some reason (according to my companies legal office) my online application went to california, but the documentation was requested to go to nebraska (which it was sent).

My office received a letter saying the application was received, (no request for documentation), then yesterday afternoon, we received the denial letter. They are currently updating my letter to address the extension denial and I'll be heading up to the border soon.

my husbands passport has less than a year left on it, should we renew that before going to the border? is that a problem?

And what border would be best? Flying? Driving? I just want to get the friendliest, informed group I can.

Thanks

Tracyj
Posts: 15
Joined: Thu Dec 14, 2006 5:57 pm

Post by Tracyj » Tue Jul 29, 2008 2:58 pm

As far as canadian ties..
Both our families are in canada,
we still have savings and investments in canada.

Would that be enough? What else should I do to help that not be a problem? I would only want to be able to close accounts and pack up and I certainly wouldn't break the immigration law for my company.

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

Post by nelsona » Tue Jul 29, 2008 3:24 pm

The tie you need to enter as tourist is a HOME in canada, and little evidence of intention to stay in US (you can forget about that).

They may let you in for a week or two, but that might be it.

The passport issue is meaningless, there is no need for a passport to be issued a TN or TD (just sufficient proof of ID), nor is there a need for the passport expiry to be further in future than the status expiry.

Focus on getting the TN.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

Tracyj
Posts: 15
Joined: Thu Dec 14, 2006 5:57 pm

Post by Tracyj » Tue Jul 29, 2008 3:51 pm

Ah, K.

Here's hoping I don't need to worry about getting a visitor visa.
Waiting on the legal offices for updated letter and off I go, thanks for the info. Perhaps if they are having trouble with ties to canada, my husband can stay in canada while I close out everything down here. We'll have to cross that bridge if we get to it.

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

Post by nelsona » Tue Jul 29, 2008 8:29 pm

The way to be tied to Canada is to get an appartment and phone and utilities. It takes several weeeks, not a weekend.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

Tracyj
Posts: 15
Joined: Thu Dec 14, 2006 5:57 pm

Post by Tracyj » Wed Oct 01, 2008 2:17 am

FYI all went well :)

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