Non-immigrant Intent for TN visa
A Canadian citizen’s admission to the U.S. under a TN visa is a temporary entry – entry without the intent to establish permanent residence.
The TN visa is treated as one of the regular non-immigrant visa. You will be subject to the same immigrant intent presumption as other non-immigrant visas. So when you apply for a TN visa, you must provide bona fide non-immigrant intention. However, the TN visa falls under the lesser standard of immigrant intent. You need not possess a residence in Canada or maintain the significant ties in Canada such as “ties of property, employment, family obligation, and continuity of life”.
When you apply for a TN visa, U.S. immigration laws presume that you are an intending immigrant and you are entering the U.S. for the purpose of remaining in the country permanently. The burden on proof is on you to prove at the time of application that you are a bona fide non-immigrant. If you are unable to prove that you are a bona fide non-immigrant, then your TN visa application may be denied.
To prove that you are a bona fide non-immigrant, you must establish that you are seeking only temporary entry into the U.S. without the intent to establish permanent residence. You must show that your work assignment in the U.S. will end at a predictable time and that you will depart upon completion of the assignment. A TN Employer Letter indicating that the assignment is for 1 year or less (or 3 yrs with recent ruling), is generally sufficient to prove bona fide non-immigrant intent. Remember if you had several TN visas in the past or committed immigration violations, you may have to provide additional evidence including evidence that you will leave the U.S. after completing a specific assignment and proof of strong ties to Canada.
Contact TN Visa Expert to know if your TN visa application will pass the immigrant intent presumption.