Paroled defered inspection

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canadNew Member
Topic author
Posts: 7
Joined: 25 Feb 2009

Paroled defered inspection

Post Tue Aug 25, 2009 3:12 am

Hi,
Please help....
I am on a TN visa and I recently entered USA from a third country and at the airport they stopped me and basically took/kept the passport and gave me a form 546 with the I-94 mentioning Paroled - defered inspection.
My TN was issued this year for a 3 year period earlier this year. I had traveled last year also when I was on a different TN but this is the first time I am having this problem.
When I asked the reason they want me to show all the documents that I produced for the TN visa.
Did any one encounter such a problem before?
I was asked to be seen at the airport in 3 weeks.
SHould I need a lawyer to help me out? I don't know why I am made to go through this.
Please help
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: Paroled defered inspection

Post Tue Aug 25, 2009 10:22 am

Difficult to say, but you should have gotten an inkling what the problem was from the CBP inspector. Usually this comes up if you've got a criminal record or they have a problem with your intent. But it sounds to me as though they aren't sure if you really fall into TN-1 based on whatever you said to them when you re-entered. Maybe because they weren't that familiar with TN-1 at the POE you used.

If you're confident that everything is in order and they were just being picky, then just do what they said and go back with all the relevant documentation they asked to see.
Steve.
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canadNew Member
Topic author
Posts: 7
Joined: 25 Feb 2009

Re: Paroled defered inspection

Post Tue Aug 25, 2009 1:37 pm

Thanks for the reply Steven. Your answer is much appreciated.
Just a quick question though. After the TN is issued do they review the application again.
I got the TN early this year and after that I crossed into US by land in July when there was no problem.
I heard the officers talking that I was definitely not a criminal. I also over heard the officers talking that they reviewed the application and found fraud which doesn't make any sense to me.
How ever I did face a rejection way back for my first TN in 2007 when I went to a small port in VT. The officer got suspicious and said he doesn't believe me that I was really there for TN. Later that week I went to another port where I got the TN successfully but I still remember the officer mentioning that I will be questioned more than other people every time I cross the border.
Last year also when I travelled by air into the country at a different POE, I was called in for a secondary inspection where the officer said he did not have a record of me being on a TN visa in their system, but when I showed him the fee receipt for the TN visa and the stamp in the passport he allowed me without any problem.
Is there any chance that at this airport POE they were not used to the TN's properly.
I am very confused as I over heard them talking fraud and lookout in the system. I don't know if I was in their immigration look out system.
They just kept the passport and asked me to go to the deferred inspection site in 3 weeks.
Do you think a lawyer can be allowed for this?
Please help with my agonizing situation.
Thanks for your time.
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lawsrlawsCanuckAbroad VIP
Posts: 229
Joined: 28 Jun 2009

Re: Paroled defered inspection

Post Tue Aug 25, 2009 9:57 pm

A lawyer is not alowed.

Your TN is subject to review any time you cross the border.

What is your job, TN and what do you do day to day at your job?

A deferred inspection is done so that it gives you time to present documents that were lacking in the original inspection. In this case, I would say that they would like to review your TN application due to some inconsistancy.
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canadNew Member
Topic author
Posts: 7
Joined: 25 Feb 2009

Re: Paroled defered inspection

Post Wed Aug 26, 2009 2:13 am

Thanks for the reply,
I have a undergraduate degree in mechanical engg but presently working as a software engineer in US. Apart from the undergraduate degree I have a 1 year full time PG diploma in Software from a private college in canada. Also I have close to 7 years of work experience in software field.
The evaluation agency did my evaluation based on my under graduate degree and work experience giving equivalency as to US undergraduate in computer information systems.
If at all if I am not accepted on TN I wouldn't be barred from the US right?
I am afraid as they were talking about fraud. But all my documents are genuine.
Do I need to take a fresh TN application and new evaluation documents and work experience letters?
If they don't give the TN Ishouldn't have a problem coming on a H1 right?
Thanks for your reply.
In anticipation.
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: Paroled defered inspection

Post Wed Aug 26, 2009 11:17 am

Okay so basically they don't believe your TN-1 was issued correctly because they think some of the documents you used were fraudulent and/or not relevant. So go back with the documents and anything you can produce to show they are genuine.

There is no NAFTA category for software engineer, I think this might be the root of the problem, did you go in as an engineer or a systems analyst? The CBP manual specifically warns against allowing programmers in as systems analysts.

Whether or not you would be barred from future entry would be for them to determine at the inspection, obviously if you committed fraud expect a ban, but if it's just a paperwork snafu and you presented everything honestly and they yank your status because they think you don't qualify for it, I can't see why you couldn't apply for a different status.
Steve.
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