I currently work in management consulting in the U.S. under a TN-1 visa. Would ending my employment and giving up my TN visa as a tourist, and coming back to the U.S. for the winter season with my partner (who has a TN visa) raise questions at the border about my intent to leave the U.S. after the intent period? Does the 6-month period that we are allowed to stay in the U.S. as a Canadian tourist reset after a visa – meaning, would I be allowed to be in the U.S. as a tourist if I spent more than 6 months in the U.S. over the last year, but under a TN visa?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyEach case is evaluated on its merits. If you reenter with your partner, you need to be able to convince the inspecting officer you have no intention to stay or work without permission.
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyBoth visas are non-immigrant and require you to have the intent to return to your home country. No issue using your B-2 visa to reenter so long as you are coming in for a temporary stay. CBP may ask why you are not entering in TN status so you should be prepared to answer that question and confirm the purpose for your visit in B-2 status.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou should be ok if you will not be exceeding the 180 days rolling calendar in the U.S.
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