My Pearson Experience - Denied for a Research Assistant

Hello!
So I tried to get my TN visa at Pearson Airport in Toronto on Monday to become a research assistant to a professor at a SUNY College. It happened this way:

I am a young, white, Canadian woman - I was sent to the secondary security area of customs to do all the paperwork. I had downloaded the TN Visa Expert Kit and I thought everything was perfectly organized. I didn't get the opportunity to talk to anyone - They took SOME of my paperwork from me and I sat for about an hour and a half. I was called up and the man working at the desk said 'Your visa application had been denied - read this' and gave me a few pages to read. Basically it said my job wasn't professional enough (though it is included in the NAFTA list of professions...) that I wasn't making enough money, and compared my [part time] salary to the 'Occupational Handbook' median wages for a Sociologist (though I'd need 6 more years of school to be a sociologist... that is why I was trying for a research assistant..). The second reason was that my duties were too vague and my employer letter didn't say exactly what we would be researching.. which is fair I suppose.

Anyway, I was given 2 seconds to read this and escorted out of the airport, all without talking to anyone. I realized when I got home that they kept all the paperwork, so I need to get new employer letters and information mailed to me. Pain.

Yesterday I called Detroit's Officer Cope, who apparently knows NAFTA inside and out, but she was off duty. I spoke with another officer that told me it was ridiculous that they turned me down, that the Visa has nothing to do with money, Canadians are allowed to work part time, and to definitely come in and meet with their officer for better luck. They were very friendly on the phone, I highly recommend calling them with any questions you have.

So I will be going to the Detroit POE and speaking with their officer, and hopefully getting everything worked out. I will update on how that goes.

Unless you feel very confident of receiving an approval from the Free Trade Officer at Detroit, this is a very bad idea. Port shopping will result in getting you flagged and possibly banned from entering the U.S. If CBP at Pearson ever found out you went to Detroit, they would definitely not approve of your actions. The risk is yours however.

I would not worry about Pearson CBP's "feelings". Get your paperwork fixed, and go to Detroit. "port-shopping" that MC refers top is takng the SAME petition from one to the other, not when you fix it and take a better one.

It is common for a TN to be denied, this wtime on basis of shoddy paperweork (goes to show you the vlue of those phoney Expert Kits), and then later approved at another entry port.

If approved at Detroit, just don't come back through Toronto because if they do discover the fact you did indeed port shop, who knows what they might decide to do.

They could revoke your status or even bar you if they feel the initial decision to decline the petition was justified.

It is not really a matter of 'feelings'. It is the fact that another officer overturned an initial adjudication. As a consequence, many Free Trade Officers are often reluctant to do just that.

-- Thu Jun 10, 2010 11:00 pm --

I would not worry about Pearson CBP's "feelings". Get your paperwork fixed, and go to Detroit. "port-shopping" that MC refers top is takng the SAME petition from one to the other, not when you fix it and take a better one.

This is port shopping. If the petition is correctable then you return to the initial port where you were denied, (Pearson) and resubmit the new evidence overcoming the basis for the refusal. But they refused you on salary level.

Applying at another port of entry is an indicator you are attempting to circumvent the process and/or system which is not often highly regarded by U.S. Immigration. Detroit will also know right away you were refused a TN at Toronto.

Going to Detroit is easily explained by correctly wishing not to waste another plane ticket on a possible denial.

Port shopping is going from one BORDER port to a second BORDER port, possibly even the same day.

This isn't port shopping. Besides, our poster already told them she was denied at Pearson. There is nothing shady. Detroit probably knows about the problem the staff in pearson is having -- we've even seen it reported here -- and obviously knows they are out to lunch these days. Their current feelings will blow over.

Go in Peace.

I think I should be fine since I spoke to the officer that I will be submitting my new paperwork to specifically. I do plan on calling one more time, just to double check that I have everything I need.

It's such an unfair system. I feel like if there was a way I could explain that I'm taking this part time position because it is an invaluable opportunity to work with an awarded professor, who will be able to give me excellent reference when I try to get into graduate school in 2011, they might understand more?

Is there any way I can include a letter from myself in my paperwork to explain why I want the job and what my future plans are? I thought this was left for the interview, but I never actually spoke to anyone last time...

There is no interview. You job has to qualify, and your education as to qualify. Period full stop.

Yours does. So just go and get TN.

Ms Cope is one of the one of the most knowledgable and efficient CBP officers at the Ambassador Bridge. Her expertise was invaluable and specifically sought out during many of our renewals. My wife and I miss her professionalism. Please say hello and secure that elusive smile from her. Good luck.

Like I said, just don't cross back through Toronto after receiving immigration status at Detroit. There was a recent experience at Pearson regarding a Management Consultant TN and they questioned the port who granted it, namely Buffalo. Going to Detroit instead of returning to Pearson might be perceived as a sneaky action indeed, especially by the CBP folks at Toronto.

So everything worked out!! I waited for Officer Cope forever that day and just as she was done her shift, my turn came up. I was turned over to a random young officer, who gave me a bit of a hard time.

She asked me if I've ever been denied entry at a border before. I stupidly said 'No', but OF COURSE the Pearson experience counted. My bad. She wasn't too happy about that. She started to give me a hard time, but as soon as I said I had talked to Officer Cope the day before and everything should be right now, she basically lightened up and processed it all without asking me anything.

I do, however, get stopped at every border now because of my red flag for being 'denied entry'. It's a pain but they usually just call me up and ask me where I'm going ('home, I work there') and they send me on my way.



Moral of the story: Don't give up.