Denied a TN Work Visa - issues entering USA now...

[watchmeworkit]

I worked for a company in Ohio for 3 years with a TN-Visa successfully. When I went to renew it at a Washington border, the denied me entry for a couple of reasons - 1. Because they didn't feel comfortable issuing me a new 3-year Visa and 2. Because they felt I should have been able to complete me 'work' with said company within those three years.

I now have huge issues getting back in to the US. On a recent trip to Mexico, through LAX, they detained me for 2.5 hours. I sat, along with another Canadian, while agents processed everyone else's stuff.

The agent actually told me that my record states that not only was I denied, but that I worked 'illegally' in the US for the three years. This of course, is completely untrue but what can I do now?

Has anyone had this kind of issue? Help....

[Steven]

I think this is one of the cases where you need to get a lawyer I'm afraid because it sounds as though your entry record is a mess, or you could try writing them a letter of complaint FWIW.

Was this Blaine? I think there must be someone who works there who really doesn't like TN-1 entries because you're the third person I can recall on here who's had a bad experience there.

[Reba]

First, I would write a letter of complaint to the governing office of USCIS (which is I think Homeland Security now) and detail in writing your experience at LAX and explain that your record is incorrect.

This of course will get you absolutely nowhere, but its part of the process so it needs to go on record.

Then you may need to hire a lawyer as Steven said, to see about clearing this up.

Unfortunately, once you've been denied entry for any reason, or denied a status, its on your record for life and any time you try to cross into the US for any reason, they will detain you. Any future travel plans should be made with this in mind.

[Steven]

I've never been denied entry, but once I got sent to secondary inspection at Atlanta because the INS person thought I might be entering to work illegally. "Referred to secondary inspection" must be in my entry record somewhere because I nearly always get sent to secondary inspection.

One way around it if you're just tired of being hassled going for short visits is to get a NEXUS card. This was recommended to me by CBP at Calgary airport, he said it "might" help (although technically, you still pop up on their screen, but you've gone to the hassle of getting the card). Or actually apply for a B-1/2 visa with the US consulate and then you can sit down with a consular officer, explain the hassle you're getting at the POE and maybe he can clear it up for you.

Cheaper and a whole lot simpler than getting a lawyer. Of course if they deny the visa, you're royally screwed, but if you've got evidence of lawful entry that contradicts the entry record then I can't see why they would.

[SarniaGrl]

I would definitely file a complaint. What I would also do is provide copies of your 1-94's and receipts for the fees. Although you have the stamp for each consecutive year in your passport, you can check with HR and see if they have copies they can send you of the actual 1-94's as well to submit.

[MC]

Both reasons for being refused entry are irrelevant and non-applicable. They cannot deny you a TN simply because they felt 'uncomfortable' and the work should have been completed.

Forget the complaint, you are probably farting against thunder. The problem is denials can stay in the DHS Computer for years and many TNer's forget a Free Trade Officer can almost be like just that, an FTO and Immigration Judge all in one.

You are wiser hiring a lawyer who will personally come back to the port of entry with you and see that all goes well, including the removal of the denial in the system and approval of the TN.

Also you will want to get removed the statement that you worked illegally in the U.S. for 3 years, which is a falsehood since you were issued Immigration Status initially.

[Steven]

Lawyers can't be present during an application, having sat in various secondary inspections I can attest to the fact there is usually a sign up that says that. Plus the lawyer runs the risk of being denied entry because once he's at the POE, he's on US soil.

[Immigration Guy]

Greetings...I worked for prehomeland security as an officer and now i work with law firms on their border crossing cases...I can give you some insight on your case. First of all...what N category...were you under? I am going to assume it was either Management Consultant or Sciencetific Technician/technologist. These are the two professions that they hate with a passion. They feel that there is so much fraud with these two specific professions. Often, people attempt to qualify under these categories when they are not qualified at all(No reflecting on you).

Anyway, some of the posts were incorrect. They can indeed deny a TN for any reason. they can and do make up reasons all the time. it is purely officer discretion and absolutely no guarantee or approval. Some of the newer CBP officers decide how long the feel that a person should be on a TN. if he or she feels that it has been too long...then they will indeed revoke/fail to renew it.

Once you do have a revocation...it will stay on your record. When you are entering the U.S ...their TECS database will show a lot of specific data that they use to process individuals.. They have a variety at their disposal like TECS, APIS, NCIC, CIPIC...etc..

Be very careful when they start alleging that you worked illegally...What you say can indeed be used against you.

Also, technically the field manual says that lawyers are not allowed to be present during inspections....but...they can and do make exceptions for certain lawyers as a "courtesy" to the applicant. it is dependant on the officer, what time of day it is and what day of the week. These guys have a tremendous amount of discretionary power. Also, if they did revoke it(and shouldn't have), the other officers tend to not want to go against another fellow officer and restore it. it will depend on whom you dealt with. There are about five officers at the Blaine border who are notoriously strict with Canadians. I believe that you may have had one of these.

Anyway, let me know if I can render aassistance. usaimmigration@hotmail.com