TN Visa - Denied

[Vicky]

Hi,
I have recently been denied a TN visa at the Peace Bridge Port of Entry (POE) in ON. I was denied entry into the US, finger printed, and photographed.

I attempted to apply under the 'management consultant' category but was quickly and rudely denied by the NAFTA officer. He stated my job title and description does not fall under any TN category and I should apply for an H1-B Visa. He was also clear in stating that I should not attempt to change the job description and reapply next week.

Since the POE officer suggested that I need to apply for an H1-B visa, should I not even attempt to reapply for a TN?

I am also wondering if the POE keeps a copy of my documents? If I change the job description and title with an attourneys help, will the officer compare my previous documents with my current ones?

If I do try again, I was also thinking of applying under a computer systems analyst vs. a management consultant to hopefully get in easier. Is that recommended?

I am very discouraged and worried that I am going to be barred entry to US if I try again. The POE officers do not have a lot of patience and are quick to judge.

Please help!

-V

[Christopher G. Rizzo, Esq]

I have recently been denied a TN visa at the Peace Bridge Port of Entry (POE) in ON. I was denied entry into the US, finger printed, and photographed.

You probably saw Free Trade Officer Tiranno. He's tough on management consultants, but he's quite intelligent and fair.

I attempted to apply under the 'management consultant' category but was quickly and rudely denied by the NAFTA officer. He stated my job title and description does not fall under any TN category and I should apply for an H1-B Visa. He was also clear in stating that I should not attempt to change the job description and reapply next week.

Since the POE officer suggested that I need to apply for an H1-B visa, should I not even attempt to reapply for a TN?

Depends on whether or not you really are a management consultant. Most people who apply as management consultants are not management consultants.

I am also wondering if the POE keeps a copy of my documents?

They have a copy of the employer support letter. All the ports know you applied there, under what profession and with which employer.

If I change the job description and title with an attourneys help, will the officer compare my previous documents with my current ones?

Of course they will.

That's a great way to get yourself barred for life and hit with a material misrepresentation charge. (INA 212(a)(6)) The natural question at the next Port of Entry is, "Ok, so were you lying then or are you lying now? (About the job description)"

If I do try again, I was also thinking of applying under a computer systems analyst vs. a management consultant to hopefully get in easier. Is that recommended?

If you qualify as a systems analyst and perform the duties of a systems analyst, this would be a good reason to go to another Port. Many of our rehab TNs were misclassified by an inexperienced lawyer or company rep. if there was no lawyer involved.

I am very discouraged and worried that I am going to be barred entry to US if I try again. The POE officers do not have a lot of patience and are quick to judge.

Send me an email or fax and I'll gladly review your documentation. We handle lots of rehab TNs. Lots of folks get it right on the second try.