TN Visa Denial

G

GWB_

New Member
Hi there,

I am a Canadian citizen. I have been working for a US employer for the past year under the TN visa category of Technical Publications Writer.

On Friday April 21st I applied to "renew" (in actuality I understand it's an entirely new application) my TN visa and was deemed inadmissible under 212 (a) (7) (A) (i) (I). I was allowed to withdraw my application for admission and was barred for entering the US for the remainder of the day. I was provided with a form I-275 and form I-831. My current visa that was valid for another week was also revoked (I was not informed of this, I found out on Monday when I attempted to reapply).

On Monday, April 24th I attempted to reapply and was given a verbal denial. I was barred from entering the US for the remainder of the day.

I'm now allowed to enter as a visitor. I will not be reapplying for a visa with this employer, but I would like to know if this will create issues for any type of visa applications (TN or other) in the future.

The reasoning behind the denial is that I do not have a NAFTA-approved job title, I do not work in the correct industry and I do not possess the correct degree. When I asked why I was approved last year, the officer said "some officers aren't as experienced as others and these things sometimes slip through."

If you could please advise it would be much appreciated - mostly just concerned about issues I may face for future visa applications.

Thanks!
 
So, when you went to reapply, you simply showed up with the same petition?! You were lucky your weren't barred.
Obviously, since you haven't given us any details about what your job was, and what 'industry" you were in (as if that matters), and what your degree is, noy much to say, See a lawyer if your think your case can be salvaged.

The second denial is on your record and you will have trouble entering US even as s tourist for a few years. That was because of showing up with same petition.

When you say you are now allowed to enter as tourist, have you tried. I wouldn't be too sure of this. Most former TNers have to wait several weeks before returning to US as tourists in order to establish the foreign residential ties required by all tourists.
 
I should say that I showed up with a sightly modified petition - on my first attempt, my employer made mention of "This position requires a degree in Literature, Communications or a related field". The officer said this was inconsistent with what my employer said they earlier in the letter - that "my Political Science degree was sufficient". So, that adjustment was made with the second petition. Add to that the fact that my employer modified the verbiage of my job duties (we felt that perhaps the first letter didn't read as clearly as it could have) AND my employer also offered additional explanation about how my degree relates to my field of work. I sought legal advice from an immigration lawyer both times. So, just to be clear, I did not show up with the exact same petition.

Now, as for the industry - I was working for a jewelry company as a copywriter. My degree is in Political Science. I don't think my case can be salvaged so I do not intend to reapply with this employer. I am going to spend some time living and working in Canada, going to school, getting the right credentials, etc. and perhaps in time look for employment in the US. To make matters slightly more complicated though, I do have a US boyfriend, although marriage is not something that's on the table for us right now, I worry if in the future marriage may be complicated?

I am attempting to return today (two days after my second attempt). I asked the officer very explicitly if I would have issues returning very soon as I need to move my personal items, but he said no. More specifically he said "each entry is treated as a separate case, so no it won't be issue as long as you are being honest about what you're doing." That said, I am honestly intending to be in the US for no more than two weeks - I need to pack up my belongings, wrap up my finances and spend time with friends.
 
Thanks for the clarifications. You acted "correctly" in trying to modify the petition with legal help. I agree with you though that this was a non-winner from the start. (Quite frankly, shame on the lawyer for putting forward such an untenable petition and charging you for it). You should NEVER have gotten a Tech Writer TN in the first place.
Tech witer degree should be "communications, journalism, or English” according to the OOH (which you didn't have). and the field should be " engineering, medicine, or one of the sciences (which this is not)".

I have to ask if you had an existing relationship with this Jeweler, and what technical writing you could have done for them (catalog?) this is more marketing than technical. The CBP guy was certainly asleep when you crossed.

As to your next entry as a touriust, I wouldn't count on getting in, but they may grant you a limited-time entry. Its not really about honesty, it's about qualifying. Showing them your new Provincial DL would help. Your explanation as to why is good, but for heavens' sake, don't mention spending time with friends, nor anything about a US boyfriend!
 
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Thank you so much. Please note the only the reason why I made a second attempt is because I genuinely believed myself to be qualified based on the fact that I did get approval last year. I think that I was able to express this to the officer on my second attempt this year and perhaps that's why they did not bar me! PHEW!

When you say on my next entry you are referring to my attempt to enter today as a tourist, correct? Do you think it would be helpful if I booked the Uhaul now? And presented that at the border today should they give me trouble? Just to prove that yes I WILL be returning to Canada in a timely fashion. I am now very worried as I have already booked the flight. Obviously this has been a very stress-inducing situation and I want to make it as easy as possible for myself.

Since I have your attention I would also like to pose this - let's say in the next few months (at the earliest!) my boyfriend and I do contemplate marriage..do you think we would face a lot of issues/scrutiny if I am attempting to move over there? Also, I do plan on visiting him periodically (perhaps once a month/once every other month)...will I have issues here? Do I ever say I'm going to visit my boyfriend?
 
Please reread my post, I made some changes while you were responding. I'd really like to hear your response to my question.

If you were ver to marry, you will likely have to get a fiancée visa from Canada. In the meantime NEVER mention you have a US boyfriend or you will be denied, due to the obvious intention to marry and stay in US.

As to your trip: They will ask how you are going to bring your stuff back, and when (I assume you have a one-way ticket, which will lead to more questions). My guess is that they will give you two/three weeks on an I-94
 
Hi there, I was unable to comment as due to "spam-like material" (whatever that means). That said, here is my reply to your question (at last)! I did NOT have a previous relationship with this employer. I found this job on Indeed.com and went through the regular interview process just as anyone else.

As to my entry to the US as a visitor...while they did send me through secondary screening, they did not question me as heavily as I thought they would. In the first screening she asked me what I was doing (I explained I was moving and needed to collect my personal belongings and wrap up financial matters), and she asked me when I'd be returning (I said three weeks and that I'd be driving a Uhaul back). In the secondary screening all he asked me was why I was going to US. I provided the same answer and he allowed me through with no issue.
 
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