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 »

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: 18314
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

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. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
Marlin37
Posts: 3
Joined: Fri Oct 26, 2007 10:44 am

Post by Marlin37 »

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 »

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: 18314
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

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. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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