First TN (Confused and a little freaked out)

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First TN (Confused and a little freaked out)

Postby anurse » Thu Jul 30, 2009 11:43 pm

Hi guys,

I've been Googling and browsing this forum for the past few weeks and unfortunately it's just got my brain twisted up, so I figured I should post specifically about my situation and see what advice people have.

I just graduated from University with a CS degree and I'm about to start a job at a US-based software company in September. They have contracted an experienced TN lawyer who is preparing the documents, so I'm pretty confident about my offer letter and documents. I still have a few concerns though:

1) I'll be entering under the Computer Systems Analyst category, and from what I've read, that's one of the most scrutinized categories. I'm pretty confident I fit the description, though my job will involve some programming (but the vast majority of my duties will be analysing requirements and designing the software). Does anyone have any specific advice on the job duties questions the CBP officers usually ask CSA applicants?

2) I'll be moving to Washington State, and from what I read, I have to get a WA State Driver's License within 30 days, and I have to register my car in WA State. I assume this means I have to import my car, but would that jeopardize the "temporary" aspect of the TN? If I do have to import the car, what do I need? The car is currently leased from Toyota but I'll be buying out the lease before I go down to the US. I heard that you have to have owned the car for 6 months and I would assume they would see me as taking ownership when I buyout the lease, so is that going to cause a problem?

3) On that note, I'm concerned about my "ties to Canada". I've lived with my parents through University and they will still be maintaining a permanent home for me there during the course of my TN employment, but I don't personally own or rent a home in Canada. I've got a Credit Card and Bank Accounts in Canada, but other than that, I'm concerned that I don't have strong enough ties to Canada. Any advice there? Am I ok with what I've got or should I be a more concerned?

4) Finally, I'll be heading down from Vancouver a few days before my start date (specifically, the Sunday before my Tuesday start date). Does anyone have recent experience with TN applications at the Vancouver POEs? I've heard Peace Arch can be bad, but Pacific Crossing can be good, and vice-versa :?. My lawyer indicated that they have had some trouble with the west-coast crossings, which got me a little concerned :-| .

Hopefully someone has some advice for even just a small fraction of the many questions dancing around in my head :). The TN status is great, but stressful for compulsive worriers like me :P
anurse

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Re: First TN (Confused and a little freaked out)

Postby Steven » Fri Jul 31, 2009 9:56 am

Good questions, not much to add because you appear to have done your research. The CBP field manual specifically warns against letting programmers in as systems analysts, how the specific CBP guy you get interprets that is up to them, but say if your job is described as "software developer analyst", some of them equate that to a programmer coming in with a made up job title going by previous comments on here.

Blaine does have a reputation as being really tough on TN-1: http://www.cbc.ca/canada/british-columb ... ocked.html (although I have to say in his case, he clearly didn't fall into that NAFTA category going by what it says in the manual, he must have gotten in years ago when they were sloppy, renewed on I-129 for years and then got into trouble because he was forced to re-apply because of his waiver problem).

There have been a couple of people on here who've had problems with the "temporary" TN-1 provision, i.e. evidence of non-immigrant intent and both of them were at Blaine, iirc. One was a guy who had Washington plates on his car which CBP picked up on and was re-entering on (not applying for) TN-1 and was denied entry, presumably after being questioned further.

Given how many people are on TN-1 and the provisions of Washington State law clearly the majority of people don't get denied entry for that, but it appears to happen occasionally. Maintain non-immigrant intent. How you do that on TN-1 is not obvious though, unfortunately.

Read this: Bringing a Canadian Car over to the USA
Steve.
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Re: First TN (Confused and a little freaked out)

Postby lawsrlaws » Sat Aug 01, 2009 5:11 pm

We don't require strong ties to Canada. What we require is that we believe you are going to maintain your non-immigrant status, and that *someday you will return to Canada. This sounds odd? Well, it is.

Each individual Officer decides for himself if he BELIEVES that you will be returning to Canada someday. There is no standard, or book of rules on this.

As I tell everyone here, just be honest, answer all the questions honestly, and you should have no problems. It appears to me that you qualify with what you have written here, i would give it to you. (and i'm picky)
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Re: First TN (Confused and a little freaked out)

Postby anurse » Tue Aug 04, 2009 4:54 pm

Thanks Steven and lawsrlaws, I appreciate the responses! I'm a little less stressed out now :).
anurse

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