Applying for TN visa while waiting for consular processing

[pm_1234 18]

Has anyone had experience with applying for TN visa while waiting for their interview at Canada consulate? 

 

I really appreciate it if you share your experiences, tips or difficulties you encountered. 

[NikLR 13,220]

~~moved to work visas from IR1/CR1 process and procedures.  Topic is about a type of work visa~~

 

I personally have not tried this however TN visa requires nonimmigrant intent. That would be a little difficult during the IR1/CR1 process. 

[pm_1234 18]

11 hours ago, NikLR said:

~~moved to work visas from IR1/CR1 process and procedures.  Topic is about a type of work visa~~

 

I personally have not tried this however TN visa requires nonimmigrant intent. That would be a little difficult during the IR1/CR1 process. 

True but at the same time, the applicant must leave the US for interview at the consulate and there is no way he can turn his work stay in the US to immigration based stay.

[geowrian 22,335]

18 minutes ago, Parisa_1234 said:

True but at the same time, the applicant must leave the US for interview at the consulate and there is no way he can turn his work stay in the US to immigration based stay.

Except that somebody can switch from consular processing to AOS. Definitely not "no way" to do that, and many others have done it.

[pm_1234 18]

2 minutes ago, geowrian said:

Except that somebody can switch from consular processing to AOS. Definitely not "no way" to do that, and many others have done it.

Yes but they have to cancel the consular processing and always risk not being admitted because of misleading the US immigration. Also, they can always do that with a visitor visa why should they bother with a TN. 

[geowrian 22,335]

1 minute ago, Parisa_1234 said:

Yes but they have to cancel the consular processing and always risk not being admitted because of misleading the US immigration. Also, they can always do that with a visitor visa why should they bother with a TN. 

Nothing gets "cancelled" (unless they already scheduled their interview, but then why even get a TN if they're that close).

There is not an increased risk of being denied.

 

Yes, they could attempt to do so as a visitor. The difference here is that you are going through a CO who actually looks at one's circumstances much more so than CBP does.

There is a required presumption of immigrant intent when applying for a non-immigrant visa that the applicant must overcome. This is in the INA directly.

 

To be clear, I'm not saying they will refuse the visa. Apply and find out. But they absolutely will consider immigrant intent, and just because there is a pending consular processing doesn't mean somebody won't try to AOS instead (as noted, many people have done this).

[NikLR 13,220]

Many people apply for AOS from TN everyday.  As geowrain has explained its not hard to switch from consular processing to AOS and intent is determined at entry.  So they cant deny the AoS for intent alone but they can certainly deny tn status for inent to immigrate.  

[NikLR 13,220]

For clarity, the process starts similar enough that you dont do anything but pay more money and send more forms.  There's zero cancelling or starting over. 

[Ray B. 0]

So, if one (canandian) is at the border requesting a TN Visa, but has already an intent to stay permanently by requesting a CR-1 Visa later after a schedule wedding, would it be still denied?

 

If an intent to get AOS is enough ground for a TN Visa refusal at the border, from another perspective, aknowledging during border interview that the permanent immigration intent depends on proper CR-1 Visa that will be requested later, would be then more acceptable to get a TN Visa?

 

DO you know if there is any sort of aknowledgement one should sign at the border when requesting TN Visa that states one has no permanent immigration intent?

 

Thank you