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> Grasmick website > US INS Forms > Canada Customs Forms > Immigration Discussion Forum |
First the TN isn't a visa in the classic sense. It is a multiple entry work status. What's the difference ? A
visa is a document usually stamped into a passport, granted by a consulate which permits you to seek
entry in the status permitted by the visa. In the case of the TN, there is no such thing ... the INS at a
port permit you to apply directly for adjudication and entry. You are permitted to retain the I-94 as
proof of your status even if you leave the USA to facilitate re-entry during its currency.
Next, initial TNs must be obtained (except if already in the US in another status) at a Port of Entry.
They cannot be obtained by mail if you are outside the USA.
At "renewal", a TN may be extended by a mail in application (this is not a new TN), or you can go to
the border with the same info and get a new TN.
You don't require a passport, but you DO require proof of Canadian citizenship, for example with a
photo Canadian citizenship cert, or birth cert with photo ID. You can expect some INS officers to gripe
at the latter two, but these are technically all that's required.
It can be obtained from any Class A PoE, or international airport or PFI location. Note that a Free
Trade Officer need not be present to grant a TN, although if an adjudication is difficult or questionable,
you may be asked to represent yourself when one is available.
I've known TNs done in about 15 minutes!
The cost of the I-94 of $6 is only at land PoEs ... the cost is included in air tickets.
The suggestion to not freak out if denied because you can try again in a few days or go to a different
PoE needs major correction. Do not under any circumstances go to either the same PoE or a different
PoE without getting the problem that caused your denial fixed.
IF you feel your denial was unjustified, check with an imm. atty. and see if you can find out what about
you or your package is causing the problem. Border shopping, especially going to different PoEs can
get you in MAJOR trouble if they decide you're trying it on to get in, including bars from entry for life!
Jumping to a green card from ANY status is difficult ... and complicated further by the TN.
The matter of taxes is far more complex than you've presented.
Depending on the nature of the engagement in the USA, you may or may not be taxable in the US.
Certain contractual arrangements may still render you as a non-resident in the USA, particularly if you
remain in the USA for less than 183 days.
The primary determinant for tax status in Canada is intent to remain out of Canada for greater than 2
years. If you don't intend to remain out of Canada for more than 2 years or you return before the 2
years is up by your own choice, you will be considered a tax resident of Canada regardless of the ties
you have severed.
The next ties that must be severed are no home maintained in Canada that you can return to on short
notice ... that generally means a long term lease on your home managed by an agency, and that you
have no dependents remaining in Canada.
You must not maintain and use government facilities predicated on residence such as drivers license or
health card.
For credit cards and bank accounts, they need not be closed, but rather the activity in them only need
be reduced to a level consistent with your not living in the US.
Similarly society memberships etc should not be predicated on residence ... e.g. if you were a member
of a sports club, it would be useless to you if you were away in the US for two years ... if you maintain
it, then it means that you must want to use it!
Watch out for the word "deemed" ... that has special meaning to CCRA (Rev. Canada) ... A deemed
resident of Canada, for example, is an ambassador, or military personnel etc. What we are talking
about in general is called "factual residence".