3 years ago I filled the petition for fiance I-129 and was approved by
the US gov to marry in 90 days. We married in the US Nov 3 2001. We
then moved to Canada Nov 28 2001 and have been living there since.
My mother has become ill and I need to move back quickly to care for
her but I will not leave without my husband. (he qualifies under
NAFTA)
We are told by the US Embassy to fill out the I-130 but it takes 6
months to a year.
What can I do to get him across the boarder now (Dec 17)?
What do I do once he is living in the US?

Hi between2boarders,

Given that your husband qualifies under NAFTA, he can apply for a TN-1
visa at any major Class "A" Port of Entry. This is the quickest way
available for him to enter and work in the United States.

"The great advantage of the TN-1 process is the relative speed with
which this visa status can be acquired. Most TN-1 visa applications
may be made "on the spot" at land-, sea-, or airports of entry.
Typically, Canadian citizens flying to the United States from Canada
will apply for their TN-1 visa applications at designated "Pre-Flight
Inspection stations" - located within major Canadian international
airports - before leaving Canada."
" Another advantage of the TN-1 category is that, unlike the H-1B visa
category, the TN-1 has no annual limits per fiscal year. In theory, an
unlimited number of TN-1 visas can be issued each year. Further,
unlike the H-1B or L-1 nonimmigrant visa categories, there is no set
"cap" on the amount of time a Canadian citizen may remain in the
United States in TN-1 status."
http://www.usabal.com/niv/TN-1_visa_overview.html

"NAFTA is the North American Free Trade Agreement.  It creates special
economic and trade relationships for the United States, Canada and
Mexico.  The nonimmigrant NAFTA Professional (TN) visa allows citizens
of Canada and Mexico, as NAFTA professionals to work in the United
States."
http://travel.state.gov/visa/tempvisitors_types_temp_nafta.html#overview

How Can Professionals from Mexico and Canada Work in the United States?
Professionals of Canada or Mexico may work in the U.S. under the
following conditions:
    * Applicant is a citizen of Canada or Mexico;
    * Profession is on the NAFTA list;
    * Position in the U.S. requires a NAFTA professional;
    * Mexican or Canadian applicant is to work in a prearranged
full-time or part-time job, for a U.S. employer (see documentation
required). Self employment is not permitted;
    * Professional Canadian or Mexican citizen has the qualifications
of the profession
http://travel.state.gov/visa/tempvisitors_types_temp_nafta.html#Professionals

Who is eligible to enter the United States under the NAFTA?
NAFTA facilitates the temporary entry of the following four categories
of business persons:
    * Business Visitors
    * Professionals
    * Intra-company Transferees
    * Traders and Investors
http://www.dfait-maeci.gc.ca/nafta-alena/temp_entry-en.asp

Requirements for Canadian Citizens:
A Canadian citizen without a TN visa can apply at a U.S. port of entry
with all of the following:
    * Request for admission under TN status to Department of Homeland
Security, Customs and Border Protection, US immigration officer;
    * Employment Letter - Evidence of professional employment. See
Employment Letter below;
    * Proof of professional qualifications, such as transcripts of
grades, licenses, certificates, degrees, and/or records of previous
employment;
    * Proof of ability to meet applicable license requirements;
    * Proof of Canadian citizenship- Canadian citizens may present a
passport, as visas are not required, or they may provide secondary
evidence, such as a birth certificate. However, Canadian citizens
traveling to the United States from outside the Western Hemisphere are
required to present a valid passport at the port-of-entry;
    * Fee of U.S. $50 
http://travel.state.gov/visa/tempvisitors_types_temp_nafta.html#rcc

Sec. 214.6 Citizens of Canada or Mexico seeking temporary entry under
NAFTA to engage in business activities at a professional level.
(Section heading revised effective 1/1/04; 69 FR 11287):
http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-9974/slb-16290/slb-19597?f=templates&fn=document-frame.htm#slb-8cfrsec2146

Free Trade Specialists:
"Canadians may call the USINS office in Buffalo at (716) 551-4741,
ext. 4101, on Monday, Wednesday, and Thursday mornings from 8 a.m. to
10 a.m., or consult the USINS Web site for general information on
requirements.
There are Free Trade Specialists at the various ports of entry listed
below. These specialists may be able to provide you with detailed
information regarding temporary entry into the  U.S. under the NAFTA."
Albany, NY (518) 220-2100 	
Blaine, WA (360) 332-8781 	
Calais , ME (207) 454-2546 	
Calgary, AB (403) 221-1728 	
Champlain, NY (518) 298-3221 	
Detroit, MI (313) 568-6019 	
Eastport, ID (208) 267-2183 	
Edmonton, AB (780) 890-4489 	
Grand Portage, MN (218) 475-2494 	
Highgate Springs, VT (802) 868-3349 	
Houlton, ME (207) 945-0041 	
lnternational Falls, MN (218) 283-8611 	
Jackman, ME (207) 668-3151 	
Madawaska, ME (207) 728-4565 	
Massena, NY (315) 393-0310 	
Montreal, QC (514) 631-2097 	
Niagara, NY (716) 282-3141, ext. 316 	
Norton, VT (802) 822-5217
Oroville, WA (509) 476-3132
Ottawa, ON (613) 523-2105
Pembina, ND (701) 825-6722
Port Huron, MI (810) 982-0493
Portal, ND (701) 926-4221
Richford, VT (802) 848-7766
Sault Ste. Marie, ON (906) 632-8822
Swanton, VT (802) 868-3361
Sweetgrass, MT (406) 335-2911
Thousand Island, NY (315) 482-2681
Toronto, ON (905) 676-2563
Van Buren, ME (207) 686-2202
Vanceboro, ME (207) 788-3813
Vancouver, BC (604) 278-2520
Winnipeg, MB (204) 783-2340
http://www.dfait-maeci.gc.ca/nafta-alena/temp_entry-en.asp

Additional Links of Interest:

NAFTA Professional Job Series List:
http://travel.state.gov/visa/tempvisitors_types_temp_nafta.html#nafta_list

Entering the U.S. - Port of Entry:
http://travel.state.gov/visa/tempvisitors_types_temp_nafta.html#port

TN-1
http://www.immspec.com/TN-main.htm

I was happy to find this information for you. I've based my answer on
your statement "(he qualifies under NAFTA)". If I've misunderstood you
or if you have any questions, please post a clarification request
*before* closing/rating my answer and I'll be happy to reply.

Thank you,
hummer

Google Search Terms Used:

TN-1 port of entry
Form I-129 canada
form I-130

I was also able to draw on my extensive research that I've done on
similar questions.

---

Clarification of Answer by hummer-ga on 24 Nov 2004 05:04 PST

Hi again,

You're welcome, between2boarders. You know, your husband doesn't need
a visa to enter the U.S. if he's not going to work.  If you're just
going down to care for your Mom for a time and then return to Canada,
he can just make the trip with you, no problem. The TN-1 visa is only
needed if he wants to work in the U.S. while you are caring for your
Mom.

Here's a guide to help you with your TN-1.

TN-1 NAFTA: A U.S. IMMIGRATION PERMIT FOR CANADIANS
http://www.isso.uc.edu/forms/tn/tn_packet.pdf

I think I (and others) err in calling the TN-1 a visa, it is actually
a work permit. Your husband will be issued an Arrival-Departure Record
(I-94) card marked TN-1.

Thank you for your thank you. I hope all goes well with your Mom.
hummer

Thank you hummer-ga! I will go to a "A" Port of Entry.

Hello -

The best that can be done is to file an expedited request with the
appropriate application office.  You can use the address of your
mother when applying.  Select the appropriate state from this link:

http://uscis.gov/graphics/fieldoffices/service_centers/index.htm

The directions for expediting will be on the link for the state. 
There is unfortunately no way to determine whether or not you will be
approved, or how long it will take.  It is completely up to the
adjudicator who reviews your case.  I would make sure to clearly state
your needs in the request.  You will hear from the office within 72
hours as to the next step.  I would reiterate your needs to the person
who contacts you.

If this information leads you to a satisfactory outcome, please let me
know, and I'll post it as an answer.

Thank you,

jbf777
Researcher
Google Answers