Anyone applied for DHS Redress?

Hi

A quick background (well, I will try to make it quick!)

Hubby (Canadian) and I (Aussie) left California to return to Australia to spend time with family almost 2 years ago. He still has a TN and still works for the same company in CA as an offshore employee (I unfortunately don't have my TD as they took the I form as I left the US). Very soon his TN will expire. That's not an issue though and we expected that. As we had been receiving secondary interviews constantly (especially for me as I visited him in the States where he has lived 10+ years prior to our marriage) we decided to apply for DHS trip redress. Our reasoning was that we would perhaps like to return to the US in the near-ish future.

I received a reply about 3 months after I sent my letter to DHS. A stock standard type but a reply nonetheless. My husband on the other hand has received an 'interim' letter, stating they are still looking into it. It has now been almost 7 months. Has anyone else waited this long, or gone through a similar situation We are nervous as to why this appears to be taking so long, and of course are playing all sorts of scenarios in our minds; will they cancel his current TN (we will reapply, or perhaps wait a few more years and he can apply as an Aussie Citizen). I was just curious if anyone else has had to wait a while. It's an unusal situation for a Canadian with a TN to be now in Australia and still working for the US, but we needed to return to Australia for family reasons. We would really like to return to the US at some stage though.

Sorry for the long preamble, and very warm wishes.

Q

I am lost. What is it you are asking? TRIP is mainly for complaints people have about there inspection at the Border. You have not stated what the problem is. You say you left two years ago but your husband still works for the US company. Is he working for them from Australia? Why would the Officers give you a hard time if you have a TD Visa and your husband is a Canadian on a TN? Maybe I missed something here. Can you give us more details. TRIP is not set up to do anything other than determine if there is a need for you to be inspected in secondary or if there is no good reason for your extra inspection, and help solve the problem. If your husband is working for a US company from Australia, he would not need a TN. More details please....

Hi

I am asking if anyone has has a long response time from DHS. We applied for redress as we were getting secondary interviews everytime we crossed the border, either back and forth over the US/Canadian border or, for me, entering the US from Australia.

Perhaps I clouded the issue by mentioning the TN/TD visas. They are not an issue, merely background.

I am wanting to learn if this delay is normal for my husband's reponse from DHS.

Why would we have issues from officers with valid TN's and TD's? I wish I knew that answer, and is why the request for redress

Apologies for the confusion.

Warm wishes

Q

TRIP can take a long time and does not always solve your problems. Unfortunately, without knowing why you are being secondaried, it is impossible to determine how long it will take and if anything can be done at all. Have you ever been refused entry? When they let you go, do they tell you it is a close name match? The possibilities are endless.

Thank you for your replies Laws, they are appreciated.

The first time we were stopped was on our return from Canada (visiting family) at the border at Blaine (excuse me if that spelling is incorrect). I was visiting from Australia at that time on a waivered visa to the USA, my then fiance was applying for a new TN. The officer accused me of wanting to illegally stay in the US (I was not denied entry, merely yelled at for being a lier and had my passport litterly thrown back at me). My partner however was denied entry because his paperwork did not include his "decorative" qualifications, ie. the one you put on your wall. He had supplied all the appropriate transcripts etc but they wanted one more. We believe this is when the flagging took place, as the officer was very cross and took my partner into a back room and fingerprinted him and spoke with him for over half an hour. We both returned to Vancouver and my partner returned a week later after obtaining said document from his college and was allowed entry. I was permitted entry when I left via the airport seperately and was advised to get a different visa if I wanted to return to the States next time from Australia (this was my third waivered visa and I understood that was the right course too) I subsquently followed this advice, had an interview with the US consulate in Australia and returned on a B visa about 3 months later. I visited the USA 5 times and crossed the Canadian/USA border 2 times in a two year period. I have always had a valid visa, never overstayed, and always told the truth (always that I was visiting my partner, but that I indeed called Australia my home, and that I have children, work and family there). Nonetheless, both my partner (now husband) were always asked for secondary interviews (either when travelling together or seperate). My only memories are of the very very angry gentleman at the crossing in Blaine, and I suspect this is a continuation of that day. I am hoping the redress might lift the flag, but I do not know. It is interesting that on a return visist from Canada on a valid TN, my husband was told by the officers "you are flagged, but we have no idea why, but we have to do this" - and they stripped his car etc etc. Once again, thank you for answering, the unknown is frustrating. If we were of interest with records of anything untoward I would understand, but we are very boring middle age folk

Warm wishes from Oz

Q

It sounds like the first Officer put in a "flag" for the next Officer to read. This usually means your going to secondary for further processing. The TRIP should be able to help you with this situation IF that is all there is to the story. It takes a while though.

My partner however was denied entry because his paperwork did not include his "decorative" qualifications, ie. the one you put on your wall

As far as transcripts go....thats a no no. Degree needs to be presented everytime. Period. Transcripts are not a degree and are not acceptable for a TN. Universities have the right to refuse a degree to a student that has outstanding debts with the school, thus they will not issue the degree until they are financially taken care of. I have seen this at least 50 times in my career.

You will just have to wait this out. The "flag" will not keep you from entering the USA and cannot affect a new TN application. Good luck.

Hi

I thought I would provide an update for anyone else waiting to hear from the DHS trip redress officials.

As I said earlier, my Canadian husband applied for redress in January 2011 (this year). In early July he contacted and enquired was there anything else they needed as we still have heard nothing. The response that it was still with the hands of the folks who review these things.

So it's now August and still nothing.

I didn't realise these things took so long

All the best.

Q

Hi

After nearly 10 months hubby finally got a letter from the DHS Trip Redress program! Although it seems a little cryptic, we think everythings fine! The letter basically says that "their research revealed that the concerns raised have been overcome by events since you originally submitted your inquiry and action to address concerns is now obsolete since you have already taken the appropriate action we would have recommended". After reading it over and over to try and translate "DHS speak" we figure it means "you left the country 2 years ago, we don't figure you had any intention afterall to overstay so you are no longer of concern". Well, that's as much as we can work out anyway. Either way, we are relieved to have received a response and that it wasn't a "don't come back!". Mind you, I can't see why that would have happened anyway, but the delay was causing us paranoia! Hopefully our next visit to the US will go smoothly, as we really would love to return. Warm wishes from Oz, Q.