Denied TN for 3 years, 'you've been in US too long'

T

thoth2012

New Member
My wife had a TN as a Nurse valid until July, 2010. She was switching jobs as a computer systems analyst and was going to go part time 1 day a week as a Nurse.

Recently going through the rainbow bridge my attempting to get an additional 3yr TN for the systems analyst the CBP agent deemed she has been in the USA too long. We have been in the USA 12 years on various legal Visa's including H1B and Tn's. He said he does not consider 12 years in the USA as temporary so will not grant a TN for 3 years. He granted it for 1 year only to give us time to arrange to move back to Canada. He also said not to try to renew it again as he has 'flagged' us. He also wrote on the VISA stamp and I94 'no ext' and 'been in USA 12 years'

Further, he said my wife can no longer work as a nurse part time because it was in a different field then the new TN she received as a systems analyst. He took the I94 for the Nursing and only gave the I94 for the Systems Analyst.

This all sounds very 'CBP had a bad day' and had an attitude that he was upset that we are coming to the USA and taking their jobs.

My question is, can he do what he did or was it just a scare tactic to try to scare us into going back to Canada volinteraly after a year? Can my wife appeal her 1 year ruling and get a 3 year? Were we really 'flagged' as not being able to renew the TN? Was the Nursing TN really 'revoked' since he did not give back the Nursing I94? He simply told us you can not work part time as a nurse while you are working as a systems analyst. But given his attitude towards granting work visas, i'm suspecting he was again scaring her into volinteraly quitting her nursing job.

Can she still work as a nurse part time since her original TN was granted and valid until Jul 2010 and can we appeal the 1 year TN that has 'no ext' written on it?
 
He can do what you allow him to do. If she was not happy she should have stayed there until satisfied.

Your wife cannot do her nursing job without the I-94.

The fact that you are in US so long without getting green card should be proof that you have no intention of immigrating.

He was wrong about not allowed to have different TNs at same time.

Whatever was written on your passport is meaningless after the next time you cross into US. it just made him feel better, I guess.
 
Don't go through Rainbow Bridge or any other POE they are all automatic denial. Only go through Peace Bridge, Toronto Pearson International Airport and one in Quebec called Champelen or something that is located by Highway 87. If anyone know exact name for this Quebec POE, please post it to help others.
 
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It's very common for the border people to not understand the TN rules, and tell you something that's flat out wrong. I would try another crossing if your paperwork is ok. Being subject to the flaky judegment of the immigration people is one of the reasons I eventually decided to get a green card then citizenship.
 
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