TN Visa & the Presumption of Immigrant Intent
Question: What are the statutory limitations associated with a TN visa under INA 214 (b)?
Answer: The Immigration and Naturalization Act (“INA”) provides that the NAFTA TN category is treated as one of the regular nonimmigrant classifications listed under INA § 101(a)(15). See INA § 214 (e)(2). As result, the NAFTA TN category is subject to the same restrictions as other nonimmigrant categories. This means that an applicant for a TN is subject to the immigrant intent presumption found under INA § 214 (b).
Under INA § 214 (b) the law presumes that every foreign citizen seeking admission as a nonimmigrant is an intending immigrant, unless the foreign citizen satisfies the immigration inspector at the time of application that he or she is a bona fide nonimmigrant. The H-1 and L visa categories are exempt from this requirement (that is, applicants for these categories may possess “dual-intent”). In order for an individual to be admitted to the U.S. under TN visa status, the individual must prove that he or she is a bona finde nonimmigrant.
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