L1-B application rejected at the Peach Arch Land crossing

Hello, we would appreciate some help here.

My husband and me went to Vancouver Peach Arch land crossing last week trying to get L1-b and L2 visa stamp. Originally we were totally relaxed cause we know we are totally qualified for the specialized knowledge category. My husband has 15 years work experience with the company's office in Vancouver. Now the US office is trying to integrate the product with the one made in Vancouver, so they need to transfer him over. It is also a giant company with head office in the US. Also, the application was prepared by a lawyer and 3 co-workers have got their intermittent L1-b from the airport.

On Monday, the officer told us that we needed to provide more evidence to prove the tires between the two offices. Accounting reports, flow chart etc. And he said other than that, we would be good to go. So we went back to get those documents. And, the following 2 times we went back, we were told to get the original documents or something else by different officers.

However, the 4th time when we drove down there, another officer questioned about my husband's specialized knowledge! My husband tried to explain but the officer said that since there was not enough evidence in the application so he is sending the application to the service center and he will recommend denial to the service center.My husband asked if he can add more documents and the officer said it was already done.

We heard that it will take 1 month for service center to process it. This was totally unexpected! We already got an apartment in the US and have our furnitures with the moving company waiting for our visa!

1. So we are thinking, if we can go apply again with an updated application at the Vancouver airport when the current one at service center is still pending. Would there be any negative influence on our application? Or should we cancel it first before applying at the airport?

2. Does anyone know if the L1-b got denialed for insufficient documents, can you reapply again immediately or do you have to wait a certain period?

We are very frustrated and would totally appreciate any advice and suggestions. Thanks!

1. So we are thinking, if we can go apply again with an updated application at the Vancouver airport when the current one at service center is still pending. Would there be any negative influence on our application? Or should we cancel it first before applying at the airport?

2. Does anyone know if the L1-b got denialed for insufficient documents, can you reapply again immediately or do you have to wait a certain period?

What does the lawyer handling your case say? IMHO lawyers aren't always right but if there is a lawyer involved usually their opinion is, at the very least, a good starting point for trying to figure out what to do.

Your case is an unusual one in several respects and I'm not 100% sure what to suggest. Generally "port shopping" is not a good idea unless you have both (a) addressed the issues that caused the original denial and (b) have a good reason for seeking to enter at a different port. It's usually fine to come back again a day or two later after gathering the additional documents you need after a denial.

But when you've been denied, or recommended for denial, four times then there is something more serious going on. If it were me, I would want to be absolutely sure what is going on--and there isn't enough info in your post to determine this--before trying again. I'd be concerned about harsher action than just denial (eg a long term bar) if I kept turning up with a case that they didn't like for some reason.

Also having the border officer transfer the case to a service center is a new one on me. Maybe this is more common than I realize and I've just never heard of it before, but I've never heard of this before and I'd want a lawyer's advice before trying to cancel. My gut instinct as a knowledgeable layman would be that because it was the border officer who transferred it to the service center, only the border officer can cancel it--but I don't know for sure.

I know that there are lawyers who will represent clients at the border (physically crossing the border with the client) to resolve these kinds of issues. Such services are quite expensive but in specialized cases (eg problematic denials) are sometimes worth it. The ones I've heard about in the past are based in the Toronto/Buffalo areas but perhaps there are similar lawyers near Vancouver. Like I say it is expensive but surely it is even more expensive for your husband's employer for a key employee to be stuck in limbo--so perhaps they could be persuaded to spring for such a lawyer.

Like I say--having so many repeated denials is very unusual for a large company which has retained a competent immigration attorney. HR people may be clueless about immigration but usually once a lawyer gets involved they make sure everything gets prepared properly to ensure approval the first time--or by the second time in an absolutely worst case scenario. What is the lawyer's opinion as to what is going on?

Bottom line is be cautious about trying to cross again until you've made absolutely sure you have all your ducks in a row.

Amen. If a lawyer prepared the original petition, then all further modifications/additions/explanations, etc should be handled by that lawyer, unless he has proven to be incompetent.

Even if you think you know what the offcier is asking from you, make sure you run it by legal first.

Thank you very much for your replies!

Our lawyer was very surprised at what had happened. He suggested us to go to Vancouver airport to submit the application with some extra documents immediately and he thinks we can cancel the pending case with USCIS later when we get the receipt number. My husband's boss in US and my husband were worried this would have negative impact on the case so he would rather wait. I can't think of any reason that we could be bared though. We never had problems with the US border before.

Our case is supposed to be very typical and solid. 15 years of experience, special knowledge with a certain IT product made in Vancouver office only. The officers did say that our application was too thin compare to those accepted ones. And the last officer said that there was not enough explanation regarding specialized knowledge. No job duties etc. And he questioned the graduate certificate not showing computer science degree, only showing Bachelor of science etc.

I am not sure if it is appropriate to get another lawyer from Vancouver to go to the border with us or if that will be helpful. The lawyer we have is in the US and he is still very confident on our case and he said that we should have no problem going to the airport. We have to go to the airport also because the office in US needs my husband to be there ASAP now. Previously we were thinking of driving our car over for a road trip of a week.

Any suggestions on our situation? Thanks!

The problem with waiting for the service center application to run its course is that the officer has recommended denail, so you would be bwest prepared to get denied.

Your lawyer is advising you correctly -- do what he says.

I am not sure if it is appropriate to get another lawyer from Vancouver to go to the border with us or if that will be helpful. The lawyer we have is in the US and he is still very confident on our case and he said that we should have no problem going to the airport. We have to go to the airport also because the office in US needs my husband to be there ASAP now. Previously we were thinking of driving our car over for a road trip of a week.

I agree with agnelson and your lawyer. I would only add the observation that representation at the border is only appropriate when entering by car at a land port of entry. When applying at the airport you have to actually be on your way to board a flight--dragging a lawyer along for an international flight would be prohibitively expensive.

If your lawyer is comfortable for you to apply again at the airport there is no reason to hold back. Good luck!

An Officer cannot recommend a denial. Sounds like he is talking out his ass. The law we follow clearly states that a CBP Officer cannot refuse an L1 application, he can only refuse to process it and make the service center decide. Trust me, when I wa a rookie I sent in an L1 with a letter stating all of the problems with it, I received a letter setting me straight. The Vermont Service Center will adjudicate the applications according to their own standards and do not go by recommendations bt Officers. That would be against policy. Everyone thinks they know all there is to know until they are corrected. I don't think going to another port will help. Unless the first Officer is completey wrong the next port will usually honor their decision. I would wait for the service center. (just my opinion)

Thanks lawsrlaws for your reply.

You mean you worked as a CBP officer before? We consultant with a lawyer and she said that a recommend of denial will lead to a real denial from the service centre because "they tend to stick together". And she suggested us to withdraw it from the POE and apply again with a new application. She thinks it's better to be proactive than waiting for a denial notice and taint the record. So for the case you said, did the service centre approve that L application in the end?

We are thinking of flying is because previously we were thinking of driving down and treat it as a road trip. Now we have no more holidays and my husband's work wants him to be there ASAP. Would this be enough reason to convince the border officer at the airport that we are not "border shopping"?

Also, do you know if service center will send us a receipt number first or just a final decision. If we want to withdraw the pending application at the airport, do we need to submit the receipt number in order to withdraw the pending one?

Thank you very much for your help!

Would this be enough reason to convince the border officer at the airport that we are not "border shopping"?

No--what would convince the officer at the airport is if you've remedied the deficiencies from your previous application(s).

It appears that you've now talked to a second lawyer (this one is a 'she' and the other is a 'he'). Is there a difference or discrepancy between the advice that the two lawyers are giving you (at least on the surface it sounds like they are saying the same thing--it is time to apply again)?

If you are getting the same advice from agnelson, myself and--far more importantly--two qualified lawyers--what is holding you back from acting? It has been 8 days since you needed to act "ASAP"--what is the cause of the continuing delay?

Any outcome yet?

"lawyer says they tend to stick together"

Furthest from the truth. CIS and CBP are not one in the same. CIS comes up with the laws, we enforce them, then they usually ignore their own law and do what they want to. It is frustrating. As far as the port shopping, sorry, if you try different ports, tht's cosidered shopping. The hard thing about this is the fact that without looking at the application, no one here on this site can say for sure what will happen. In my experience, the service centers usually approves anything that comes with a check that cashes. They care little about there own rules.

Please post your outcome, I am dying to see what happens.

Good luck.