I have a package done up by a lawyer, and I am traveling to Canada to come back across the border to get a TN visa and I was wondering do I need a I-797? My girlfriend came through 6 months ago and she was denied at the border because she never had a I-797 form, so do you actually need one or not?
A Canadian citizen can make a TN application directly at the port-of-entry. An I-797 is not required. Listen to your employer's lawyer.
For Canadian citizens, the TN can be applied for directly at the port-of-entry/pre-flight inspection. U.S. Customs and Border Protection (CBP) will adjudicate the TN application while you wait for a fee. Canadians can also apply for their TN with USCIS, which will issue an I-797 approval (if approved). The I-797 approval can then be used to facilitate admission with CBP. I would talk to your lawyer about which process was/will be utilized.
THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
Canadian citizens can apply for TN status at the port of entry without I-797 approval notice.
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