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Canadian Client has been travelling for many years without any issue into the US with an approved waiver (I-192). Client had applied for a position in the US that would qualify him for a TN NAFTA status as a professional. Client wanted our assistance with the TN application and also wanted to be sure that he could be approved for the TN despite his underlying inadmissibility. In other words, he wanted to be sure that he can apply for TN status and present his already approved waiver for entry into the US.
To be absolutely sure that he would be able to enter with a waiver, he could apply for a new one based on the new purpose of working in the US in TN Status. The problem was the time needed for the waiver processing which is currently 6 to 8 months and the Client had to be in the US in a matter of days. The law firm that the petitioner normally uses absolutely insisted that a new waiver was required. We were not convinced based on past cases.
Looking at the approved waiver, we noted that the purpose of the waiver is for business and pleasure. It did not say “B-1/B-2” this therefore gave us some leeway. We prepared a letter that was compelling and demonstrated that the waiver can in fact be used for the purposes of the TN as TNs are used by business professionals.
Additionally, the waiver did not indicate that the purpose was only B-1/B-2 reasons. Additionally, we prepared the TN application materials. We then prepared our Client with what to expect and prepared him with supporting regulations to carry as a precaution.
Client received a TN for as long as the waiver was good for. The officer agreed that the waiver can be used in this instance for his TN as well.
Client is currently preparing a new waiver application given the long wait times in their adjudication.
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