TN Visa Approval After Visa Overstay & Unauthorized Work

BACKGROUND:    

  • The applicant had a strong case for TN eligibility based on a job offer and credentials that exactly matched the applicable TN visa occupational category requirements.

  • However, the TN visa applicant had worked in the U.S. previously under TN visa status, and inadvertently overstayed his TN status and worked without authorization in the U.S. for less than 180 days.

  • Visa overstays and/or unauthorized employment is often a common basis for denial of a TN visa application.

TN VISA SERVICE USED:    

SOLUTION:    

  • In order to avoid possible denial due to the applicant’s overstay and unauthorized employment, I assisted the applicant in preparing a Statement with supporting evidence to show that:

    • The overstay was not intentional

    • The applicant did not accrue unlawful presence and, therefore, did not face a specific bar to returning to the U.S.

    • The applicant had substantial ties to Canada

  • When the applicant applied for his TN at the Vancouver pre-flight inspection office, the inspecting officer refused to review the applicant’s statement and supporting evidence, and denied the application under INA 212(a)(7)(A).

  • I subsequently contacted the Vancouver USCBP Chief to have the applicant’s case and evidence reviewed.

  • The Chief agreed that the applicant was not barred to the U.S., and had established eligibility for TN visa status.

FILING PROCESS:    

  • TN visa status application filed at the Vancouver airport USCBP office.

PROCESSING TIME:    

  • TN visa status approved the next day following the Vancouver USCBP Chief’s review

TN VISA APPROVAL PERIOD:  

  • 3 years

Statements regarding prior application approvals our office has obtained are provided for informational purposes only. Prior results do not guarantee a similar outcome.
 

Success StoriesBrian D. Zuccaro, Esq.INA 212 (a) (7) (A), Unlawful Presence, Overstay, Unauthorized Employment