TN Visa Refusal – Case Study

Client’s Issue or Problem

Client applied for a TN Visa application and was denied. The Client previously did not have representation but the prospective US Petitioning company, advised the Client that an attorney’s representation was not needed.

Our Solution (Type of Visa/Action Recommended, What We Did)

Upon taking an in-depth look at the application, as well as being provided details as to what transpired with the application, that is, what comments the officers made and so forth. At the consultation we noted that the Client was a little nervous and Client admitted to be so.

We decided that changes would have to be made to the application materials and at that point, we would prepare the client to determine whether border representation would also be required whereby; an attorney would attend to the Port-of-Entry with the client to assist with the application process.

Although it is not usual that TN applicants are accompanied by an attorney, in this case, upon looking at the totality of the circumstances including the fact that the client was previously denied, and was very nervous, we felt that having an attorney present would increase the chance of success substantially.

Outcome

The Client made an application for TN status with an attorney. Although the Officer at times seemed hesitant to issue the TN, it was approved. The Client received TN status for a three (3 ) year period.

About Fadi Minawi

Fadi primarily practices in US Immigration Law. He assists with matters relating to business immigration (including: relocation, expansion, investments, and work visas), litigation, admissibility issues, customs forfeitures and other cross-border issues. Fadi is also a criminal defense attorney and can assist with criminal matters in the US. Read more

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