TN after an I-275 withdrawal of app. to entry the US?

[MC]

This is not to be taken lightly. You were issued an I-275 and rendered inadmissible. Further attempts into the U.S. could be very seriously jeopardized unless you consult an immigration attorney familiar with your situation.

Remember, when CBP issues an I-275, this is just the DHS's way of saying; we are going to be nice about things and let you withdraw your TN application without facing the more severe repercussions of appearing before an immigration judge.

It does not mean you cannot reapply for TN. However, it does mean you have to be very careful with future entry attempts into the United States. This would include showing explicit immigrant intent while attempting to enter on a non-immigrant status including TN.

There was a story about 2 years ago in the summer of 2007 about 2 Ontario men who wiped out on their Seadoo and washed ashore on New York soil undocumented. They were taken into CBP custody and had to appear before an immigration judge.

That is how serious these types of encounters can get at the U.S. border and the DHS has the power to do many things under the law including deportation, expedited removal, and assigning mandatory appearances before an immigration judge.

[Bambarbia]

Trying different port of entry is extremely bad idea of course, but I don't want additional risks with loosing airflight tickets / booking hotel etc. I'll bring with me copy of I-275.

Main reason for rejection was unclearly written Letter from XYZ Staffing Agency: "Web UI Developer" instead of (at least) "Software Engineering Consultant - ABC Company" (because XYZ is staffing company), plus letter from ABC Company...

I want to try by car at Niagara Falls, and I'll bring with me copy of I-275 "TN Withdrawal" report. I'll explain there that I can't risk anymore (booking hotel, air tickets, etc.)

I have new letter of employment prepared by "best in Bay area" Attorney: same garbage,
“He will design and develop Java Applications ... The position requires strong programming skills with Java and developing ... frameworks”

It was "Web UI Developer" before with same staff; it is now "Software Engineer".

Fortunately I have letter from ABC company (where staffing company "assigns" me temporaarily) with explicit words he is an excellent Computer Systems Analyst.

Too risky...

Officer at Toronto Airport said to me
1. that he/she want to see CSA in Employment Letter,
2. they do not accept letters from staffing agencies; NAFTA requires direct letters from Employer

What chances are... I want to go to Niagara, to try...

Frankly, this job has nothing to do with pure "programming"... it is mostly research (algorythm design) for distrubuted computing...

[MC]

The Free Trade Officer at Niagara Falls has changed now I suspect. It used to be a very smart fellow, Officer Skuse I believe who went right by the rule book. Showing up alone at a port of entry alone with an I-275 represents a fair bit of risk since if anything goes negative, your situation could become worse and subject to a bar. You may want to consider legal representation at the port of entry if you want to be safe. After all, you were rendered inadmissible. However, I don't think Niagara Falls is like it used to be but you never know who you will encounter.

[agnelson]

mostly research (algorythm design) for distrubuted computing...

That is why I would suggest Math TN

After all, you were rendered inadmissible

Not quite; He was simply denied entry.

[Bambarbia]

Why "rendered inadmissible"?
My hiring company pushes me to book ticket and to go straight to airport second time...
I-275 is polite... "allowed to withdraw"... Officer spoke to me, then asked to wait, then went to the office (probably getting approval), then this paper (3 pages instead of usual 2, with many details on 3rd page)

Major thing was that Letter didn't clearly state "Computer Systems Analyst", and letter was from staffing company. They asked letter from Client of Staffing Company.

-- Fri Nov 20, 2009 5:15 pm --

P.S. Systems Analyst can design algo; programmers can implement algo...

-- Fri Nov 20, 2009 5:19 pm --

P.P.S.
Yes, I agree, I can go as Mathematician too... but who will write me reference letters (although I published schientific works... 20 years ago!)

[agnelson]

You never need reference letters for TN. You have a degree.

[Bambarbia]

One thing I can't understand...

Air Canada: where Port of Entry will be? I don't want to fly to the port...

[agnelson]

Not sure what you maen, but if you are flying from Canada to US, you clear US immigration at the canadian airport. This is known as Pre-Flight inspection (PFI).

Have you never flown to US before? Same process, except you'll have to get TN from the officer before boarding plane.