Formal Denial of TN Application:
Form I-275: TN Applicant Permitted to Withdraw Application.
- In situations where CBP does not consider a TN applicant admissible, e.g., where CBP finds evidence of immigrant intent and especially where CBP has already verbally refused a TN to the applicant, CBP may prepare a formal statement of the refusal for the TN on Form I-275, Withdrawal of Application for Admission/Consular Notification, and Form I-877, Record of Sworn Statement in Administrative Proceedings.
- Here CBP will offer the TN applicant the opportunity to withdraw his or her application for admission rather than face the more severe repercussions of inadmissibility such as being placed in expedited removal or being detained for a removal hearing before an immigration judge.
- An applicant who withdraws his or her application for admission is not considered formally removed. As result, the immigration laws do not prohibit an applicant for a TN from reapplying for TN status despite previously withdrawing an application. Again, as with verbal denials of TN status, individuals should consult with an immigration attorney to determine whether the case is strong enough to be rehabilitated. It is strongly recommended that these individuals consult with an attorney before going back to the border to avoid further damaging their case and reduce the risk of being subject to expedited removal.
- Before CBP will allow an individual to withdraw his or her TN application, CBP must ensure that the applicant has both the intent and the means to depart immediately from the United States. TN applicants should be aware that they do not have a right to withdraw their TN application. The decision whether to allow a TN applicant to withdraw a TN application is solely within the discretion of the inspecting officer. CBP will consider the following factors in determining whether to permit a withdrawal of an application:
1. The seriousness of the immigration violation;
2. Previous findings of inadmissibility against the TN applicant;
3. Intent on the part of the TN applicant to violate the law;
4. Ability to easily overcome the ground of inadmissibility;
5. Age or poor health of the applicant; and
6. Other humanitarian or public interest considerations.
Ability to Withdraw Application Limited in More Severe Cases:
- CBP may issue an expedited removal order, rather than permit withdrawal, where the applicant engaged in obvious, deliberate fraud, e.g., the presentation of counterfeit or fraudulent documents.
- Also, if the facts of the case indicate particularly egregious immigration violations, such as long-term or repeated previous overstays, unauthorized employment in the United States, or evidence that the applicant is likely to remain beyond his or her authorized stay or otherwise violate his or her status, an expedited removal order may be issued.
- The repercussions for applicants who have been expedited removed can be severe. An expedited removal order can carry a five-year bar to reentry to the U.S. in the event of a charge for lack of proper documentation (INA § 212 (a) (7) (A)), while an individual charged with misrepresentation/fraud (INA § 212 (a) (6) (C)) is considered inadmissible for life. Read more about Expedited Removal.
Special Note for Mexican Citizen TN Applicants:
- Mexican citizens who apply for admission to the U.S. under TN status may have their TN visa physically cancelled if CBP denies the TN application and the applicant agrees to withdraw the application for admission. 22 C.F.R. 41.122 (h) (3).
References:
- INA § 235 (a) (4).
- 8 C.F.R. § 235.4.
- INS Inspector’s Field Manual § 17.2 – Withdrawal of Application for Admission.
Go to Rehabilitation of TN Denials.
Back to NAFTA TN Denials.