NEXUS Application Denied - Appeal process?

Hi there,

This is the first time I post on this forum and hope to get some insight on my current NEXUS application situation.

I was applied NEXUS since Apirl and had an interview on May. However, my application was denied with the reason on the letter that sent from the NEXUS office:

Other
- you do not meet the standards set for the NEXUS program.

After the interview, I was sent to 2nd inspection as I believe my passport is now got flagged for some reason.

During the interview, I did mentioned that I may use the NEXUS for business to visit my client in US for product demo or training on my own expenses. However, the officer decided that I will be using NEXUS to work inside US without a proper Visa. Which is completely a misunderstood my meaning of business use and I believe there may be some miscommunication.

I am wondering if anyone here had similar experience. Shall I contact the Enrollment Center speak to the supervisor or should I just send a letter to the CBP Ombudsman to see if they can review my application?

Thanks for your advise in advance.

** AUG 25th 2011 **

Just submitted DHS TRIP and Detailed letter to CBP Ombudsman to review my record. Hope for the best.

I also sent an request letter to FOIA office to find out what that Agent has been put on my file.

Update ** AUG 26th 2011 **

Got an email that my case is now in review process from DHS TRIP.

Wish me good luck.

I also consulted with my immigration lawyer and explain to her everything. Based on her understand, I am 100% legal on my last business.

She suggested me to hire her to file a case againt the US goverment?

I told her to hold on for next 7 days to see if there is any action coming back from the DHS before we decide our next effort to clean up the misleading information on my passport.

Wish me luck!

Case against the Government? That's funny. Lawyers get paid to tell you what you want to hear. I have met very few immigration lawyers that actually understand the laws. That being said, what is it you do for work in the USA? There has to be a reason they believe you are working? Where is the product made? Who sells the product? More information may help us help you.

Hi Laws,

Thanks for your response. I am kind of agree with you that my lawyer just want some business that's why i told her to hold off.

I am a seasonal programmer and doing some side programming job for hobbies (I had a full time job from my Canadian Employer as IT Manager). I go on a website http://www.elance.com and bid for the job that US company/individual put up for bid. Once my bid got accepted, I will work on the programming (at my home-based office location is Canada BC) and send the final result back to the buyer to review. Once they accepted my work. I will invoice them for the fees that we agree upon the job acceptance. Then they will deposit the fund into my US Bank account. With the setup above, will I be consider working in US?

I did mentioned to the officer during the interview that I has been in US visiting my side-job client it is just a site tour. It is a server hosting location in Lynnwood WA. My client want to show me how they manage and put together their server. So they bring me to their facility and show me around. I just Look and Listen what he said, I didn't touch anything at the location. After that we go for dinner and I head back to Canada next day. I paid for my own trip including gas, accommodation. Except they treat me a dinner.

Sorry for the long post, and thanks for your opinions in advance.

** Update **

In response to your questions. I never did any work within US. I built and program all of my solution while I am in Canada, my US based client paid me by direct deposit into my US Bank account in Seattle WA.

** Update August 29th 2011 **

Just checked my mail to Ombudsman and based on the Canada Post website it is still:

Attempted delivery. Notice card left indicating where item can be picked up. Since August 26th 2011.

I will update this thread once I get any update from them.

I surely believe NEXUS brought me more troubles than convinience.

** Update August 30th 2011 **

Sent 2 letters, one for FOIA and one for Ombudsman. The FOIA has received the letter but the Ombudsman still stated "Attempted delivery. Notice card left indicating where item can be picked up." Since August 26th 2011.

I will wait til Friday if it still not get picked up, I will try to send the letter again.

** Update August 31st 2011 **

Finally the mail was picked from the CBP Ombudsman office. I hope he/she can carefully review my application and make the fair judgement.

Wish me luck!

** Update Septmeber 9th 2011 **

Almost 10 days since they received my letter at CBP Ombudsman office. Still no reply or anything. Keep waiting...

ZZZZ. What is the weather like?

** Update Semptember 13th 2011 **

It has been 2 weeks. No reply from either office. Shall I re-apply?