Will using a lawyer to write TN letter invite CBP scrutiny?

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usincaJunior Member
Topic author
Posts: 26
Joined: 4 Mar 2009

Will using a lawyer to write TN letter invite CBP scrutiny?

Post Tue Jun 09, 2009 12:32 pm

From CBP Inspector's field manual ...
2.9 Dealing with Attorneys and Other Representatives.
No applicant for admission, either during primary or secondary inspection has a right to be represented by an attorney - unless the applicant has become the focus of a criminal investigation and has been taken into custody. An attorney who attempts to impede in any way your inspection should be courteously advised of this regulation. This does not preclude you, as an inspecting officer, to permit a relative, friend, or representative access to the inspectional area to provide assistance when the situation warrants such action. A more comprehensive treatment of this topic is contained in the Adjudicator’s Field Manual, Chapter 12, and 8 CFR 292.5(b).
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SarniaGrlSuper Member
Posts: 136
Joined: 18 Mar 2008
Location: Bluewater Country

Re: Will using a lawyer to write TN letter invite CBP scrutiny?

Post Tue Jun 09, 2009 6:05 pm

No, oftentimes lawyers will prepare TN-I petitions for companies. I've used them in the past, just make sure you have a competent lawyer (one who specilizes in immigration and knows the wording et al) handling the petition. Having a lawyer-prepared letter has never been an issue when I've gotten TN-1. It shouldn't raise any red flags, although if the lawyer 'tweaks' the CBP officer with incorrect wording, they can be pretty quick to point out the lawyer "should know better".

I think the directive you are questioning is specific to having a lawyer accompany or try to represent you at the POE when you apply.
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fiestagirlCanuckAbroad Regular
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Joined: 23 Aug 2008

Re: Will using a lawyer to write TN letter invite CBP scrutiny?

Post Tue Jun 09, 2009 6:27 pm

Why the heck use a lawyer? writing a TN letter is pretty easy. I can understand wanting to dot the i's and cross the t's but i did mine myself. Actually while i think about it now, a lawyer would have saved me the stress of wondering if i was missing anything - but honestly, it really isn't hard.
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SarniaGrlSuper Member
Posts: 136
Joined: 18 Mar 2008
Location: Bluewater Country

Re: Will using a lawyer to write TN letter invite CBP scrutiny?

Post Tue Jun 09, 2009 7:05 pm

True, lawyers will cost money and can screw things up as good as a layman could, and they can charge anywhere from 500.00-3000.00 +/- for the privilege.

If you do some research and cover all the required points on the letter, you could work with the company in prepping a perfectly good letter. There's a kit you can get on the homepage here as well, it's far cheaper than a lawyer and will give you the info on just what CBP is looking for in the petition.
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usincaJunior Member
Topic author
Posts: 26
Joined: 4 Mar 2009

Re: Will using a lawyer to write TN letter invite CBP scrutiny?

Post Wed Jun 10, 2009 8:26 am

Thanks.

I am not sure if my case is that 'cut and dry', so I feel more comfortable having a second opinion on strategy and Q&As.

Also I want to keep company lawyer(s) completely out of this - they are worse than any lawyer you would hire. The only thing they do is to cover their own ass.

I plan to get the offer letter, then I will go get my own lawyer. My question is - do I need my US employer to sign the TN letter (basides the offer letter)? Thanks.
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axolotlCanuckAbroad VIP
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Joined: 28 Feb 2009
Location: New York City

Re: Will using a lawyer to write TN letter invite CBP scrutiny?

Post Wed Jun 10, 2009 9:12 am

Yes, the letter has to be signed.
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usincaJunior Member
Topic author
Posts: 26
Joined: 4 Mar 2009

Re: Will using a lawyer to write TN letter invite CBP scrutiny?

Post Wed Jun 10, 2009 9:30 am

Thanks.

Then do I need a TN letter if I already have an offer letter?
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StevenCanuckAbroad VIP
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Location: Calgary

Re: Will using a lawyer to write TN letter invite CBP scrutiny?

Post Wed Jun 10, 2009 9:35 am

Same thing. The job offer letter should be the offer made by the company hiring you which explains why you fit into the NAFTA category and why the job is temporary.

Read 8 CFR 214.6
Steve.
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usincaJunior Member
Topic author
Posts: 26
Joined: 4 Mar 2009

Re: Will using a lawyer to write TN letter invite CBP scrutiny?

Post Wed Jun 10, 2009 10:57 am

Thanks. Just studied 8 CFR 214.6.

If an employer allows me use my own lawyer to do the paperwork, what else do I have to have from them besides a signature on the letter?

If an employer (e.g. a large corporation) has to use its own in-house counsels whom I generally don't find helpful because of their interest and competence (the lack of), what can I do?

Thanks much.
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StevenCanuckAbroad VIP
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Location: Calgary

Re: Will using a lawyer to write TN letter invite CBP scrutiny?

Post Thu Jun 11, 2009 9:53 am

usinca wrote:Thanks. Just studied 8 CFR 214.6.

If an employer allows me use my own lawyer to do the paperwork, what else do I have to have from them besides a signature on the letter?


Letterhead.

If an employer (e.g. a large corporation) has to use its own in-house counsels whom I generally don't find helpful because of their interest and competence (the lack of), what can I do?

Thanks much.


Not much, other than reading what they give you carefully and asking them to correct any mistakes.
Steve.
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