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Seeking to get a TN Visa but in 2004 was under parents L1 Visa and got denied I-485. Will that deny me a TN at the border??

Hollywood, FL |

Came to USA under L2 in 2001 until 2008. Then switched to a F-1 Visa and last month came back to Canada. Got a job offer in the States and want to return under TN Visa. Will I get denied at the border because I showed intent to stay in the past and have resided in the states from 2001-2013 doing schooling?

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Attorney answers 4


Probably not,.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


Hello hope that you are well. From what you are saying you should be fine. Hopefully you didn't overstay your presence etc... Best of luck.



My Optional Practical Training expired on May 7th 2013. I wasn't able to find a sponsor. My parents live in Miami here so I have been staying with them. Technically am I out of status? It will be 180 days since my OPT expired on November 7th. Do you advise me to return to Toronto and ASAP? My parents are telling me go out of status and wait until Obama passes something. I wrote that I was already in Canada for hypothetical scenario.


They should not, if your TN application is otherwise approvable.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


Truthful facts are needed to answer your question. The fact you failed to depart at the end of your OPT will certainly be a negative factor. You need to consult with and experienced immigration attorney.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.

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