The North American Free Trade Agreement (NAFTA) is an agreement between the United States, Canada and Mexico. The agreement was enacted in January, 1994, and is the largest trade bloc in the world (in terms of gross domestic profit). NAFTA has created special economic and trade relations between the U.S., Canada and Mexico. Under NAFTA, the United States has created TN classification visas for individuals who want to enter the country temporarily to engage in business and professional trade ventures.
There are a variety of professionals who may enter the country under TN visa classification:
In order to obtain a NAFTA professional visa, you must be a citizen of Canada or Mexico and your professional must qualify. The position you are filling temporarily in the U.S. must necessitate a NAFTA professional. Self-employment positions do not qualify you for a NAFTA professional visa; you must have a pre-arranged full-time or part-time job with an American employer. No matter what the circumstances of your personal situation might be, the most critical aspect to your case could come down to the New York immigration attorney you choose to represent your needs. Therefore, you should waste no time in speaking with Pozo Goldstein, LLP.
As a Canadian citizen, you may apply for admission as a TN nonimmigrant at a U.S. border, airport, or seaport. You are not required to obtain your visa from a United States consulate or file a petition with the United States Citizenship and Immigration Services (USCIS). Instead, you must provide specific documentation at the port of entry. First, you must demonstrate that you are a Canadian citizen.
You must also present a letter from your employer in the United States with a detailed explanation of the professional capacity you will be working in and the purpose of you employment. This letter must also indicate your educational qualifications and the amount of time you will be spending in the United States. If applicable, you may be required to present a credential evaluation as well. After you are inspected by a U.S. Customs and Border Protection Officer, you will be allowed into the United States as a TN nonimmigrant.
Mexican citizens are not required to petition with the USCIS for admission to the United States. However, you are required to seek a visa as a TN nonimmigrant through a United States embassy or consulate in Mexico. Once you have been approved for TN visa classification, you may apply to enter the U.S. at an American border, seaport, or airport. After an inspection by a CBP officer, you will be admitted into the United States as a TN nonimmigrant.
Once you have been admitted into the U.S. as a NAFTA professional, you are allowed to stay for an initial period of three years. After three years, you may return to Canada or Mexico. If you wish to remain longer than three years, you may seek to extend your stay.
In the United States, your employer may file Form I-129, Petition for Nonimmigrant Worker. This form must be filed with the USCIS. When you apply to extend your stay, you must apply at the port of entry using the same application and documentation procedures required the first time you entered the country.
As a TN classification visa holder, you are allowed to bring your spouse and children with you to the United States. Children must be less than 21 years old. Because of their relationship to you, your family may qualify for TD nonimmigrant status in America. Under this classification, they are not allowed to work in the United States but may freely study at American schools, colleges, and universities.
In order to seek TD classification, your family must contact the American embassy or consulate with jurisdiction in the area they live and must be able to demonstrate that they are your relatives. Dependents of Canadian TN visa holders do not need to obtain actual visas. At the American port of entry, they must provide proof of Canadian citizenship, proof of their relationship to the TN nonimmigrant, and photocopies of the TN nonimmigrant’s entry documents.
Dependents of a Mexican citizen must apply for TD nonimmigrant status at a United States embassy or consulate. If you are already in the United States and your spouse and children wish to follow and join you in America, they must provide a valid Form I-94 to prove that they are meeting a TN nonimmigrant with valid TN classification.
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