TN denial --> expedited removal --> 5-10 year ban for

lbhl
CanuckAbroad Regular



Joined: 27 Sep 2007
Posts: 31

Posted: Sun Oct 21, 2007 10:23 pm

 

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Do you think the lawyers here are scaring people so they have to be their clients?

http://www.naftalawfirm.com/

Q: Can the CBP Inspectors tell if I have applied for a TN at a different Port? hat information would they have?

A: Yes, all of the U.S. Ports of Entry on the Canadian border are linked by computer and share a database. If you have applied for TN status at a Port of Entry and the application was refused, every other Port will know (1) what professional category you applied under and (2) your proposed job duties and (3) the U.S. or Canadian employer's name. This is one of reasons full disclosure at a subsequent port is wise


Adverse Consequences of TN denial

A TN denial can have adverse consequences, including:


Finding of Inadmissibility/The Five Year bar on Admissibility: every time a Canadian presents himself or herself for admission at a Port of Entry or Pre-Flight Inspection Area, that person is presumed to be inadmissible and therefore needs to prove thier admissibility into the United States. When applying for Trade NAFTA status, if the application is denied, in most cases the applicant is found to be inadmissible because he or she cannot claim another basis for lawfully entering the United States. Technically, when a Canadian is found to be inadmissible at a Port of Entry because he or she cannot prove eligibility for the TN, her or she can be removed using a procedure known as expedited removal. (It is called expediated removal because there is no right to judicial review.) (Expedited removal is not allowed at Pre-flight Inspection Areas.) When a Canadian is removed, they are deemed excludable from entering the United States for the next five years. In the majority of cases for TN admission, the Canadian is allowed to withdraw his or her application; this prevents an expedited removal process. However, in some cases a denied TN applicant will be removed. Most Port of Entry findings of inadmissibility are based on a claim of immigrant intent, that at the time of presentation for entry, the Canadian application has the implied intent on establishing permanent residency in the U.S. However, in most of these types of cases, the Canadian is allowed to withdraw application for admission.


Finding of Inadmissibility based on Fraud or Material Misrepresentation/Lifetime bar on admissibility and Possible Criminal Prosecution: where fraud or material misrepresentation is found, and the TN applicant is expeditiously removed (for fraud or material misrepresentation) the TN applicant is excludable from entry into the United States for life, for any reason. It is difficult to reverse this finding. (Via a waiver process.)


Criminal prosecution: in fraud or material misrepresentation cases, in addition to a lifetime bar on U.S. re-entry, the applicant can be criminally prosecuted. Federal law provides for severe criminal penalities, including incarceration in federal prison.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1172
Location: North Carolina

Posted: Mon Oct 22, 2007 3:04 am

 

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Most people do TN applications without the help of a lawyer, but it is always a good idea to at least have basic legal knowledge of what may happen if your application is denied.

And yes, if you blatantly lie on an application and you are caught at it, you can be barred from ever entering the US at a future date.
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lbhl
CanuckAbroad Regular



Joined: 27 Sep 2007
Posts: 31

Posted: Mon Oct 22, 2007 9:47 am

 

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So you mean if the denial is NOT based on the fraudulence, they won't ban you?

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1172
Location: North Carolina

Posted: Mon Oct 22, 2007 3:35 pm

 

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It is up to the discretion of the CBP officer whether or not to ban you. No one here can say yes or no it will or will not happen.
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cgishack
New Member



Joined: 22 Oct 2007
Posts: 5

Posted: Mon Oct 22, 2007 4:49 pm

 

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I was denied my first time.
It was an interesting ordeal.

I was only denied because they wanted to see some more specific details on my letter of employment.
I went back 1 week later with the information fixed and was then accepted.

When i was denied, i was finger printed, photoed and escorted back to Canada by an officer. That is just standard procedure.

You must be honest, there people are trained to detect lies and they will turn back anyone.

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lbhl
CanuckAbroad Regular



Joined: 27 Sep 2007
Posts: 31

Posted: Tue Oct 23, 2007 11:07 am

 

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If someone is denied TN and was finger printed, photoed, and eventually sent back to Canada, can he/she enter USA later on as a vistor BEFORE obtaining a valid TN? I am afraid ---- each time you seek entry in the future they will deem your real intend is enter to look for job there rather than visting/touring/shopping. They can check and know this from their computerized databasewhenever thus they simply deny you.

If this is ture it is really a sad news. Once you have applied TN, you can't afford to get denied. You must either try multiple time TN applications or you can't enter USA until you get an alternative kind of valid visa.!

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cgishack
New Member



Joined: 22 Oct 2007
Posts: 5

Posted: Tue Oct 23, 2007 11:33 am

 

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I would suspect they would double check to see your exact purpose the next time you try and enter the USA. They are not stupid and do know everything about you.

I went to the USA 2 times after i was denied as a visitor and had no issues though.

You should not have a problem getting the visa as long as you are 110% honest, dress well (this is an interview), have ALL the documents, 110% qualified for the job, have the education and experience required, have the letter of employment that also states your job is LESS THAN 1 year (show dates in the letter), do not have a criminal record.

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lbhl
CanuckAbroad Regular



Joined: 27 Sep 2007
Posts: 31

Posted: Tue Oct 23, 2007 11:43 am

 

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Hi cgishack,

Were you denied entry as a visitor because you were ever denied TN so they suspect you are going to look for job there which is not allowed?

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