Announcement

**muhbest** · 03-22-2004, 08:37 PM

I am Canadian citizen on TN visa my wife non-Canadian wife was denied visa in Africa the reason, that I am not an American citizen, (which does not make sense)the visa officer is not probably familiar with the TD visa is there anything I can do to fix this.
Thanks
Muh

**Pasha Patel** · 03-22-2004, 09:58 PM

Hey legally ur spouse should get dependent visa TD and u get TN...

The category "Professionals Under the North American Free Trade Agreement" is available only to citizens of Mexico and Canada. Under the North American Free Trade Agreement (NAFTA) a citizen of a NAFTA country may work in a professional occupation in another NAFTA country provided that 1) the profession is on the NAFTA list, 2) the alien possesses the specific criteria for that profession, 3) the prospective position requires someone in that professional capacity and 4) the alien is going to work for a U.S. employer. The spouse and unmarried, minor children of the principal alien are entitled to the derivative status, but they are unable to accept employment in the United States. Aliens entering under this classification are considered non-immigrants.

Source :-
http://travel.state.gov/tn_visas.html

something more to read...

5. Can my spouse work if I'm on a TN or L-1?
ANSWER: Not automatically. You can change your status to permanent residency, in which case your spouse would be able to work on her green card. Speed is crucial since green cards take time.
Your spouse could also change from TD (dependent of a TN) to a temporary working visa. This is the same for L-2 (L-1 dependent), E-4 (E-2 dependent) and H-4 (H-1 dependent) spouses.
In the NAFTA agreement, the Working Group's mandate is to move towards allowing TD's to work, without having to find an employer sponsor. This is not reality yet. I will let everyone know when (and if) it happens. Register on the News page to receive updates.
The issue of spousal employment is a big one. It's the "human resource issue of the 90's". Here are some options:
"¢ Get your green card. The entire family then gets Green Cards and work permission automatically.
"¢ The spouse gets his or her own work permit. You already know about the TN. There are also the H-1 and other permits. Chapter 6 of the Canada-U.S. Business Immigration Handbook is devoted to "Spouses and Families".
"¢ Study. TD's can study. This is a way to productively spend time while waiting for the green card.
"¢ Volunteer Work. This is a popular option for our clients. It must not be the type of work for which people are usually paid. Also, there should be no indirect form of reimbursement (expense account, provision of a vehicle, etc.) that the INS could view as wages. Be sure to check with the Dept. of Labor to ensure that the volunteer work does not fall under Labor Department minimum wage requirements.
"¢ TD spouse Lives in U.S. and Commutes to Work in Border Community. If you live in a border area, the spouse can live in the U.S., while commuting to work to Canada. This often enables family members to continue to work in Canada while living in the U.S.
"¢ The TD spouse continues to live and work in Canada. In a number of cases, the spouse continues to live and work in Canada. The principal L-1, TN or H-1 lives and works in the U.S., often splitting his or her time between the U.S. and foreign homes. It is perfectly permissible for the employee working in the U.S. to split time in this way. This, of course, requires spending time apart, but there are quite a few of our clients who have done this.
Summary: The best solution for most of our clients is the first option---get the Green Card fast.
Source :- http://www.grasmick.com/canimfaq.htm

Now just coz person is eligible legally for US Visa...doesn't mean he/she will get it... even visa doesn't guarantee entry at port of arrival in USA... they clearly notify abt it... u should ask again what was the reason of denial...if there is something else wrong...good luck...Pasha

Announcement

TD visa Denied

TD visa Denied

Comment

Comment