Why did a U.S. airport customs guard try to take my TN visa?

Hello,

I have been working in the US with a TN visa for the past year. I received the visa at the Port Huron border crossing in MI.

Last year I was returning from a vacation in Costa Rica. My itinerary was flying into Detroit, then driving home to Ontario for the remainder of my time off. I always travel to my job in MI via land crossings.

When I went through customs in the Detroit airport, the customs official nonchalantly said "I'll have to take your TN visa and you'll have to get a new one". I almost had a heart attack. He went on to explain that my visa is only good for land crossings (not air) and therefore I would have to surrender it and apply for a new one right then and there. I explained that I was only entering the U.S. by air en route to Canada - I was not entering (at that moment) to go to work.

He seemed unsure of what he was saying, and eventually he agreed that since I was en route to Canada and not flying in for work, I could keep the visa.

I have another international vacation planned so I would like to get more information - was this guy correct that I should have surrendered my visa? If so can I apply for a new one on the spot, and what paperwork do I need to do so (just a copy of my old visa?)? Any other supporting documentation? I know the initial application involved a lot of paperwork including my diploma, letters from my employer, etc etc. I don't need to bring all that with me do I?

I just found it all very strange, and almost had a panic attack.

Thanks!

Sounds like you encountered a rookie inspector who was unsure of himself. If one has immigration status, there should theoretically be no difference between a land or air crossing. Remember, 'visa' is a slang term with respect to U.S. Immigration. You normally have status as opposed to a visa.

Relax and chalk it up to experience.

I have been on TN's for the past 10 years. I agree that it makes no difference what type of crossing you do. however, if you travel outside of the Western Hemisphere your TN will no longer be valid. You will have to apply for a new one upon return with all the documents you used to get the first one. The airlines are technically suppossed to take your TN when you leave the country to travel outside the WH. I never, never let them! Also I always travel with copies of all the paperwork i filed when I apply for a TN That way if you ever get into a situation with a 'rookie agent" at least you have all the documentation to get a new one.

Carrying full documention is wise in the event of a major problem, however, regardless of POE, showing a copy of existing I-94 will get a new I-94 in TN category with same expiry date, no processing fee, and no changes to status.

If a TN was applied thru I-129, then even a copy of I-94 is unnecessary, since they have arecord of your TN.

The key is having the number that ties you to a TN, which is your I-94 (for border) or your application number (for I-129).

With respect to previous posters: they are wrong.

The customs guards cannot take your TN "visa", because there is no such thing. What you get is "TN status" which is essentially a number attached to your name in some database. Once you have your TN you are "safe" for three years. However, they can and probably will revoke your TN status if you violate the terms of it, such as by taking a second job without getting another TN for it.

I also believe they can also revoke your TN for any reason at all, though that never happened to me or anyone I know. I have heard of a TN application being rejected because the poor bastard had too many TN's (eight I think), and USCIS questioned his intent: they decided this guy was planning to stay in the US permanently and therefore needed an H1B / green card. That's why I got an H1B last year. I was worried they might revoke my TN suddenly even though I had two years left on it.

Remember that there is no such thing as "renewing" a TN -- every TN is a new application and is treated as such, meaning you need all your original documentation even though it hasn't changed since your last (six) TN applications. They do, however, look at how many TN's you were granted to see if you are becoming "permanent" and can deny your application on that basis.

FYI because of the lousy economy, they aren't filling their H1B quotas and so there hasn't been a lottery in 3 years. Get your H1Bs while you can!

Anyway, what the customs guards wanted to take from you was your I-94. This is a required piece of paper for any visitor to the US, and remember as a TN, you are a visitor. When you leave the US, you give them your I-94. If you return to the US, you get another I-94 and start the process again.

When you get approved for TN status, you get an I-94 as part of the normal requirements to enter the US. It probably has your TN number on it, but it is *not your TN visa* because as I said, there is no such thing.

In fact, airlines are required by law to take your I-94 whenever you leave the country, even to Canada.

That being said, you can (and should) get your I-94 stamped MULTIPLE ENTRY and then airlines usually leave your I-94 alone, but even then, some ticket agents will insist on taking it. This happened to me once.

If a ticket agent does take your I-94, it's more of an inconvenience -- when you re-enter the US, you must fill out another I-94 card and the customs agent will staple it into your passport and write your TN number on it. Ask it to be stamped MULTIPLE ENTRY so you won't have to go through this procedure again -- unless you get another overeager ticket agent.

One customs agent took my I-94 when I returned from Europe and told me MULTIPLE ENTRY is only good when returning from Canada. I had to fill out another one. Fortunately, I always fill out an I-94 and have it ready, just in case. This prevents a walk to the back of the customs line and a missed connection flight. I have only needed my spare I-94 twice but I still do it.

Remember as a TN you are always a "visitor" and so the multiple entry stamp is a convenience for you and (presumably) reduces their paperwork, but it is not a requirement.

FYI I have done 8 or 9 TN's and gone in and out of the US dozens of times to Canada, Mexico, Europe, Asia, and Australia. My wife has had several TN's as well. Every customs guard has a different interpretation of TN so you really have no idea what you are going to get. I have seen direct contradictions from one month to the next, even in the same airport. My wife's lawyer even contradicts my lawyer sometimes.

So my advice is: always be prepared, be polite, don't be overly friendly, answer their questions honestly but don't volunteer information they didn't ask for, and of course be legal -- because if you meet all legal requirements and give them no cause not to, they have to let you in. NAFTA is, after all, the law. Be patient and keep your immigration lawyer on speed dial.

Nothing I posted was "wrong".

Great forum and interesting thread. I am a first time poster and would appreciate your feedback.

I noticed in the above postings that international travel will cause the need to surrender your TN each time you leave the country. I am a Canadian considering an International Manager position with a US company (with regional office around the world including Canada) that will require travel abroad potentially a couple times a month.

Am I better to apply for the H1B? We will likely sell our house in Canada and purchase in the U.S. with an eventual intent to return to Canada in a number of years (4-10)? So Semi-Permanent I guess.

The other option could be a L1 if I can convince them to allow me to work as an employee of the Canadian company for the initial year. Would I need to get the TN Status if I am working under the Canadian Banner but commuting to the US office a few weeks a month to work?

Thanks

S

Let's not confuse the "surrendering" of one's I-94 with somehow losing TN status.

I-94 is simply a departure record, so handing it back merely signifies (correctly) that you have departed US. One simply carries a cpy of the I-94 as prrof of previous approval, and re-enters on TN status.

btw, even if one had an H1, they wouldhave to hand back their I-94 in exactly the same fashion wghen travelling internationally.

Thank you for the clarification on the H1 v. TN in having to hand both in when you leave and "pick it back up" upon return. Is the L1 the same?

Yes. It is not the status that you are handing back -- it is the I-94 departure record.