Waiver regarding TN visa

CaramelOnTopposted 5 years ago

Hi Guys,

I want to move to US after completing my engineering degree next year. I need a waiver as I had an assault charge about 12 years ago.
What kind of waiver do i need to get a TN visa (for professionals including engineers).

I have exhausted google on the topic with nothing to show on it.

Is there a specific kind of waiver that I need??

(A TN visa is one that if i didnt have a criminal background, i could just goto border with a job letter, my degree + transcripts and would be given a three year working permit on the spot. This permit would be renewed every 3 years).

Please reply if you have any idea how to go about it.


Replies (recent first):

@Mike9866, unfortunately, I have no experience in this field, so not able to provide any assistance other then what John suggested. Please keep us updated on your experience.

Michelle replied 4 weeks ago   #22


I have had clients that under the Trump administration, were told they had to re-apply for "O" visas and get a new waiver with this designation on the Waiver.

The truth is I would drive to a border and ask someone. Its a great question.

J Rogers replied 4 weeks ago   #21

I'm a Canadian Citizen and have a valid 5 year I192 waiver which is valid for another 1 Year.

I have a job offer in US and they are offering me TN Visa. Can I apply for it at the port of Entry? My waiver approval says B1/B2 Business or Pleasure. Would that get me approval for TN-1 Visa?

Mike9866 replied 1 month ago   #20

I would probably refer him back to the Embassy since it is different for Mexicans. I don't like taking cases that are outside my field of expertise. I know some things about the Southern border but not enough to comfortably take on such a case. I know how to prepare a waiver case through the US Consulate in Vancouver and the US Embassy in London...but not in Mexico.

K SCOTT replied 3 years ago   #19

#18 Ken, thanks for the info, this is definitely not my field of expertise, and I would not take this person as a client, just because I could not help them, and currently my guidelines, must be a Canadian Citizen..first before I will even review file. This would be someone I would refer to you and John...

Michelle replied 3 years ago   #18

#17 Michelle you are correct as usual but he may have a hard time because he is Mexican and it is a 6c Misrepresentation violation. The U.S. Government is extremely strict on visa applications.

When you sign your name to it you had better be sure/hope that everything was done correctly and the documents are valid. You are right...it would be better on him if he could show that he was a victim of Fraud himself. This would help with his visa application.

Plus, the border can see old visa applications because it happens to our Surrey clients. They filed for a B1/B2 visa years ago with fake names/fake passports and then try to cross later as a Canadian citizen. CBP will bring up the old application and question them on it. They are then turned around and told to apply for a waiver.

We have a client that tried to enter the USA under a fake Italian passport in the 1990's He actually almost made it through...Unfortunately for him, the border officer was Italian and spoke to him in Italian. What also hurt him was that he was Punjabi and spoke absolutely no Italian. He had no idea what she was saying and admitted that he bought the passport in Germany. He does speak fluent German though from having lived in Germany. He tried to apply for a visa at the Vancouver Consulate but they told him that they needed a waiver for the Italian passport. We did his waiver case and he got the visa.

I think that he should contact the Embassy and go over it with them again. They may have some local policies that were are not aware of that could help or hurt him.

K SCOTT replied 3 years ago   #17

#15, I agree with both John and Ken..it would be easier if your were a Canadian Citizen. Another suggestion is to follow through with your case of receiving false documents from the business you hired. Providing documents showing the outcome of that might help you with the USA to prove that you were a victim..Good luck, and keep us posted.

Michelle replied 3 years ago   #16

#14 is not correct. Some of the procedures would be essentially the same for anyone that is not Canadian.

It sounds like they charged you under the 6c category for Misrepresentation based upon the false documents. 6c is a permanent ban even for Canadians. The charge can come from either the U.S. Embassy or the border. So if you were Canadian then you would first have to file for a waiver to cover the 6c violation. However, you will have to account for the purpose for entering in the waiver packet and other things. Specifically, we would have to add in a supplement in regards to you wanting to enter the USA on a TN visa and how you have been rehabilitated. We would have to be careful to not limit the scope of your purpose of entering to a TN visa only.

Once your waiver is approved, then you would apply for the TN Visa. They will not approve a TN Visa if you are inadmissible to the USA, so the inadmissibility should be cleared up first. You will also have to take into account the reasoning for their denial and the info in the DHS database.

If it is only 6c by itself then it should not be an I-212. I will assume that you did not overstay or were deported. Now I believe that you would have to do everything at the Embassy since Canadians are visa exempt.

This is the basic process of getting your case cleared. However, they have different rules for Mexicans and the embassy may have their own special rules. I suggest that you run everything by the embassy and get their opinion.

I agree with John that it would be easier if you were Canadian.

K SCOTT replied 3 years ago   #15

In your case, you'd first need to apply for TN at the US embassy in Mexico, and then, if your TN petition has no issue and would have been approved bar your inadmissibility, they would advise you what to do with regards to your inadmissibility (you have misrepresentation charge).

Most likely they'd require you to file for 212(d) waiver (similar to I-192). Non-Canadians can't apply for a waiver at the border, so you have no choice but to go through it this way (unless you become a Canadian citizen, which is a multi-year process). I suggest contacting a competent immigration lawyer about this.

Testing123 replied 3 years ago   #14

@Jesse Rivera

Sorry, I try and convince landed immigrants to get their citizenship to make the waiver much much easier as it is, so being a Mexican citizen I don't think anyone HERE (That I have seen) has the experience to help you.

My assumption is that you are a Landed Immigrant in Canada and that makes this much more difficult.

If you get your citizenship, this will make the entire process less complicated and easier.

JOHN ROGERS replied 3 years ago   #13

I am a Mexican citizen.

I just got that in fact the document is not valid.

So I got change with false documentation, I am currently doing a law suit for fraud against the person that got me the false documents since it was a government building and personnel.

What waiver do I need to submit to the US so I can reapply for my TN VISA.

I only see the cancel without prejudice stamp nothing else.

Any help will be appreciated.

Jesse Rivera replied 3 years ago   #12

Sorry, I cannot help, but am following so that I can learn about this...Thanks!

Michelle replied 3 years ago   #11

#8 As you are probably already aware, they have different rules for TN Visas and in general for the Northern & Southern borders. Can you look in your passport and tell me if they wrote in anything else besides the stamp that you mentioned? Did they write in any codes or numbers in your passport in regards to this incident? You can also look at the very last page and in the binder stem part of your passport. I think I know what they did but I want to see if it is documented in your passport.

I am more concerned with the False Document charge which sounds like Misrepresentation in the code. If so, then I know how to fix this problem.

Also yes,are you a Canadian citizen?

:: @K SCOTT added on 04 Jul ’18 · 09:05

Also, what TN Visa category are you applying under?

K SCOTT replied 3 years ago   #10

It sounds like you are not a Canadian Citizen?

JOHN ROGERS replied 3 years ago   #9

To All the People that have any immigration knowledge on the a TN visa waiver

I had a TN visa for 6 years i was going to renew my 7 visa but when i went to renew it with a bachelor degree, it turn out that they told me the document was not valid, all the other 6 years i had my TN visa with my associates degree.

they charge me with False documentation charge even do I presented my previous associates degree background.

I have been traveling for 10 years all over the world, I even have a Work visa for Canada.

the USA consul stamped my passport with "Cancel without Prejudice" notice.

I read that this means I can reapply without any problem but I was in the Mexico consul doing the TN processing i got into federal crime violation for supposedly the document not been genuine.

Can someone advice me if a Waiver can be submitted for this?

any help is appreciated. thanks

jesse rivera replied 3 years ago   #8

Well not every offence will require a us entry waiver. This is one of the things that we preach to clients. Simple Assault does not require a waiver so you should be ok


K SCOTT replied 3 years ago   #7

@CaramelOnTop what was your crime? Curious how you got a 4 year conditional sentence (when you can only get them for 2 years less a day).

Do you mean that you applied at 4 years, but didn't have a COMT?

jazzsax replied 3 years ago   #6

Ohhh and as far as TN visa goes, I still haven't tried for that. I am still unsure about it so if someone with knowledge/experience can advise me if I can get a TN Visa with my situation mentioned above then that would be great.


CaramelOnTop replied 3 years ago   #5

Hey Guys,
An update is long due. So turned out that my 'crime' wasn't of mortal turpitude. Spent the whole day at Pearson with Waiver Application in hand. In the end they said that I don't need a waiver for US since my conditional sentence was less than 5 yrs (it was 4 yrs) for it to be considered for a waiver. It was a big ruckus at the airport among US agents over my case. In the end, they just asked me to keep my court documents with me when I goto border. So that's what I did. Went to border explained what I was told and they let me in. I have been to US about 5 times since for both work and pleasure. By air its a longggggggggg wait so I always arrive really early for my US flights in order to board on time. On land borders whenever my passport is scanned they always ask me to park and come in for questioning (basically show my court records and explain every time why I don't need waiver) which is a pain but better than renewing a waiver.

Hope it helps someone in similar situation.

CaramelOnTop replied 3 years ago   #4

Ps .. do not listen to Ihave it. Your waiver must say you are eligible for a tn! I was even denied a work trip fromantic one of my early waivers not being labeled b1

Karl1 replied 4 years ago   #3

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