TN visa denied twice and possible overstay

[cywhiz]

This happened three months ago and I am still trying to solve this issue.

TLDR;

• Worked in the US for 1.5 years under TN status (Computer Systems Analyst)
• Got laid off in Feb 2016, while the contract supposed to end Sept 30 2016
• Stayed in US until Aug 2016 and found a new fulltime permanent job
• Applied for new TN visa on Aug 27, got rejected twice and forced back to Canada
• I-94 (stamped on the passport) expires Sept 30 2016

---

I am a Canadian Citizen and have been working in the US under TN status for almost 1.5 years as a Computer Systems Analyst. However, I got laid off in Feb 2016 and I stayed in the US for 6 months trying to find a new job. In August, I finally found a new permanent fulltime job with similar responsibilities.

I drove to the border to get a new TN visa. However, the visa initially got denied because the offer letter doesn't have an end date, then the officers start getting suspicious and thinking I will stay in the US permanently. I told them I would tell my employer to fix it and bring it back on Monday. However, they wouldn't let me, then they ask a bunch of questions and accused me of fraud. They ripped off my I-94 slip, took my fingerprints/pictures, and forced me back to Canada.

I went to another border the next day. This time the border officer drilled me on the job responsibilities, asking if I would be working as a Programmer or Computer Systems analyst. I told him I work as Computer Systems Analyst and would perform some of duties of Programmer. He wouldn't believe me and wouldn't want to call the employer to confirm.

After that, they asked me about my previous job and they found out I got laid off in Feb 2016, while the contract is supposed to end Sept 30 2016 (I-94 visa expiry date is also Sept 30). I thought that I can stay in the US until Sept 30, but apparently I have to leave US as soon as I got laid off. I found out about it after the fact. They said I overstayed in the US for 6 months without legal status. However, I initially believed that Canadians can stay in the US for 6 months (after I got laid off) without needing any visa. The only step I did not do was to return to Canada first then enter the US again as a tourist. I told them specifically that I did not work and earn any income during this period of time (Feb to Aug).

I spent 5+ hours at both borders and got denied twice. They took my fingerprints and gave me an option to withdraw my application. They forced me back to Canada and wouldn't even let me get my stuff back in Boston. They also told me I would need to proof "strong ties" to Canada before being let back to the US, which doesn't make sense. I don't see any specific bans on the documents that I received back from them.

What should I do at this point? Can I still visit the US without any issue? Can I still apply and get a job in the US? Any options to appeal? I never have this problem before as I crossed the border at least 30 times.

Thanks very much for any help!

 

[newacct]

Just because you don't have a ban doesn't mean they have to let you in. Your staying in the US for several months while out of status is a negative factor in their determination. You can always try again, but there are no guarantees.

 

[Hello Mister]

They also told me I would need to proof "strong ties" to Canada before being let back to the US, which doesn't make sense.

While unfortunate, they are within their right to demand that one proves strong ties esp. in your case since TN is a temp status and you didnt have the TN job at the time of trying for a second TN

 

[nelsona]

"They also told me I would need to proof "strong ties" to Canada before being let back to the US, which doesn't make sense."

Of course it does. Any time you are let in as a tourist (which is the only status you are allowed at the moment), everyone MUST have strong toes with a foreign country. Obviously the fact that you stayed after your TN was invalidated by being laid off, you became a suspicion, Then being denied TN twice (for legit reasons, I might add) makes you a further "risk" for staying illegally.


"However, I initially believed that Canadians can stay in the US for 6 months (after I got laid off) without needing any visa. The only step I did not do was to return to Canada first then enter the US again as a tourist".

Obviously you were wrong on that (EVERYONE needs a legal status in US, including CDn tourists). You needed to apply for a B2 by mail. Even doing what you thought about going to the border and getting B2 tourist status would not have worked because you didn't have strong ties.

The only way to know if you would be allowed to enter US (after you get an apartment, utilities, driver's license etc.) will be to try to cross for the day to go shopping, and see if they let you in. But without those items, for get it.

As to future entry on TN, it will take a better letter, and a job with NO PROGRAMMING.