Today's article discusses what happens when a TN visa is revoked for misrepresentation or fraud.
TN Visas are sometimes mistaken for simple and easier than other visas. One of the biggest benefits is that you can get approved on the same day. However, TN visas may be very complex and oftentimes require modification of job duties to ensure eligibility.
During our consults, sometimes we get asked about what happens if you “fudge” the job duties, meaning write something for approval but have varying job duties, or questions regarding “how would USCIS find out?”… This is something we advise against as it is misrepresentation in the best of cases and fraud at worst.
Below, is an example of a potential consequences if USCIS finds out.
The most common consequence for misrepresentation or fraud is expedited removal.
What is expedited removal?
- Expedited removal allows CBP officials to quickly deport noncitizens. It can happen on a same-day basis and does not require appearance before a judge. This means border officers hold a lot of power and it is difficult to contest or get a third party evaluation on the matter.
What are some reasons for expedited removal?
- CBP believes you have violated the terms of your visa
- Work without authorization (for example, for a different employer than TN sponsor, working inside a business you own that is not a TN sponsor, etc.)
- Having immigrant intent
- Misrepresentation of job duties
- Fraud
What are the consequences of being expeditiously removed after my TN visa is revoked?
- If you are expeditiously removed, you will be barred from entering the US for 5 years.
- Your visa will also be cancelled.
- It is so possible that you may be issued a lifetime bar to the US.
How does USCIS find out that I am violating the terms of my TN visa?
The most common time is during border crossing, after an approval. TN visa holders technically have to demonstrate eligibility each time they cross the border. Your employer may also be audited and that could also bring visa violations to light.
How can we help?
Our firm helps employers and potential employees determine if a TN visa is the right choice. We also can help with advising on how job duties need to be modified for eligibility purposes. If you are in non-compliance, we can also advise on potential remedies. To get started, book a strategy session with us