Denied TN Visa But Need to Enter US for Non-Work Purposes

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khanoa

Registered Users (C)
I recently attempted to renew my TN Visa as under the job category of Physician but was subsequently denied and sent back to Canada and told to come back with another visa. Apparently you are not allowed to have patient contact under the TN visa...I was not aware of this. They subsequently took my letter, fingerprinted and photographed me...the whole 9 yards.

Anyways, I am no longer working for that employer but need to come back to the US to write an exam NOT to work. I am wondering if the US customs will give me a hard time to enter due to my visa ordeal? I have a letter of termination from my employer, a copy of my exam date and center address and a return bus ticket back home.

Is there anything else I can do to make this process smooth and show them that I will not be working? I don't believe they banned me from re-entry but it sure felt like it.

Any help would be greatly appreciated.
 
Since you are entering in toursist status, you need to show residential ties in Canada. have your re-established home (lease, utilites, Driver's license, etc?) This is required.
 
Will the initial border individual ask me for these ties or will I have to go inside the POE and present this information?
I live at home with my parents who own the house. Will the house information still suffice even if its not under my name? My father will be coming across the border with me to vouch for me.
I do have a bus ticket back to show I will not be staying. What other things will they accept? I do not have a Canadian Driver's license at the moment. I do have a Bank account and health insurance with my province. Would that help?
 
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having your father vouch for you?! What do you think this is, High school?

You need to show evedence of the steps you have RECENTLY taken to re-establish your Cdn residence. You are already on their watch-list.
 
ok...

This is what I can present to the border: Drivers License, a newly opened Bank Account and I have credit cards in Canada.

Is that enough?
 
New Canadian Driver's license. Something recently mailed to you at your new address would also be good.
 
I actually am going to exchange my US drivers license for a Canadian one so I will have a temporary Canadian License in hand (with my Canadian address)...that should be okay right?

Yes I have some cheques coming in the mail from my new bank account. Should I go into the bank and get a printout of my bank info with my Canadian address?

Thanks.
 
Say the CBP officer does grant me entry, will I be issued an I-94 form whereby I will have to return by the stated date?
I am under the impression that since I am a visitor and not working I would not be...but does being denied once change things in my case?

Any help would be greatly appreciated.
 
The issuing of I-94 for Cdns in B1 or B2 status is ALWAYS at the discretion of the admitting officer. I would think based on your denial, and lack of strong ties, a short duratiuon I-94 would be expected.
 
Do I have any say in how long I am granted the I-94? Would having my return ticket with a certain date have any influence on that?
If so I am thinking of changing my return ticket to a later date so as to have more days in the US...is that a good idea?

Any thoughts would be greatly appreciated.
 
They will ask what you want to do in US. if you cannot outline week-by-week paln, they will tell you to come back sooner.

They don't much care about how much it costs you to comply.
 
So if I have my return ticket say 2 weeks after my exam date and they ask why...is it a good enough reason to say I am traveling and visiting friends and then will come back on the stated date?
 
It's a good idea to say what you're REALLY going to be doing, rather than trying to come up with an answer that they will accept. If you're going to the US just for an exam, why do you have a ticket for two days latter??
 
Yes that is true. Here is the thing. I am going to cross the border tomorrow and my exam is at the end of September as it is the only date that was available. I agree that I will have to explain myself as to what I will be doing for 3 weeks and the honest truth is I will be studying.
The reason why I am leaving so early is that since I have been denied before I wanted to leave early to make sure I could enter the States without any problems. In the case I was somehow denied it would leave sometime for me to obtain whatever was required to cross and there not be fear of missing my exam.

Do you think this would make sense to the CBP officer?
 
khanoa said:
Do you think this would make sense to the CBP officer?
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If you are required by the CBP officer to explain yourself in detail, no, I don't think this story would fly. People moving to the USA to WORK on TN--and hence relocating for an extended period--are generally allowed to enter about 2 weeks in advance. Entering 3 weeks in advance for an exam? That seems very hard to believe. I could see entering a few DAYS in advance to get settled in, and to provide some margin of error in case CBP asks for more documents. But three WEEKS? That really seems to be stretching it.

Now if there is a specific study program that you are required to attend in the USA before taking the exam, and that you can document, then that would be a different matter. I don't know if it would require a student visa, but it would certainly explain the 3 weeks.

Also if you cross the border by bus while escorted by your dad, it conveys an impression of not having much money. Entering the USA 3 weeks in advance for an exam, and presumably staying in a hotel all that time, gives a contradictory impression of someone with excess money to throw around. If CBP decides to look closely at your situation, they may want to explore that apparent contradiction in a bit more detail. Are you supporting yourself by working in the USA illegally? Are you really staying with a girlfriend/boyfriend--and is that person really a fiancee?

My advice is that if you have another reason for entering the USA 3 weeks early, that you be honest with CBP (and this forum). If your goal is truly just to enter a bit early for added security that you'll actually be able to cross, my advice would be to instead spend that time shoring up your ties with Canada a bit more. That will be a lot more persuasive to CBP than wanting to hang out in the USA for weeks for sketchy reasons. Then enter no more than a few days ahead of your exam.
 
khanoa said:
So if I have my return ticket say 2 weeks after my exam date and they ask why...is it a good enough reason to say I am traveling and visiting friends and then will come back on the stated date?
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The thing is that at this point they are looking for you to have strong ties to Canada. When someone is just itching to spend as much time as possible in the USA--and to be honest you convey that impression--they clearly don't have strong ties to Canada. And CBP will figure that out if they question you. Doing an exam in the USA if that exam will somehow help you rebuild your career in Canada might make a lot of sense. Taking a 5 week trip to do is a bit more suspicious.

Perhaps you are hoping that your exam will qualify you for new US jobs that, in turn, WILL allow you to get a new TN. In that case I'd advise you to get a specific invitation from a company for an interview that would justify you entering the USA. You can enter to go to an interview. I'm not sure that you can enter just for an open-ended job search.

Of course there is nothing wrong if new job opportunities find you while you are in the USA.

If you are representing this particular trip as being about the exam, I'd recommend that the length of the trip be consistent with that purpose.
 
khanoa said:
OK I dont mind going in a few days but will I be issued an I-94 form as well?
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You might. Until you've re-established some trust with them, I would recommend a short trip with a very well defined purpose. A trip of vague duration with multiple purposes--studying, doing an exam, visiting friends--is likely to raise a red flag just now.

How long has it been since your TN was denied? One rough rule of thumb--although not a hard and fast rule--is that if each stay in Canada is longer than the proposed trip to the USA, you are generally OK. If you've been back in Canada now for longer than your upcoming trip is proposed to be--and by this I mean how long you REALLY plan to stay--there is a good chance you'll be OK.
 
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