Officer incorrectly gave 1-year TN instead of 3-year

G

grant2

Active Member
I received a TN with an offer letter which specifically offered a 3-year term of employment.

My passport is valid for longer than 3 years. I am Canadian.

The officer claimed they gave only 1-year permits so I have to return every year and "prove" i'm still working and not overstaying. I told him that same POE had previously given me 3-year permits, but did not feel confident to argue strongly with him.

Ordinarily I would be OK to simply re-apply for another 3-year in 6-12 months... but I am concerned what might happen to NAFTA in the meantime so I'd rather secure the full 3-year permit as soon as possible.

What options should I consider?
 
You don’t have much option. You could try next time to present your paperwork and ask that you be granted the full three years, but that is about it.
It seems that some CBP officers are being emboldened to ignore regulations, and shoot from the hip, much like their boss.
 
Hi grant2 - would you mind sharing which port of entry were you going through?

I have a pre-approval for 3-year validity through premium processing with USCIS as 1st time TN holder and plan to go to border to get the stamp soon. would it be possible for border CPB to supersede it and make it one year only? Thanks for any insights in advance.
 
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It is unlikely that CBP will override a USCIS approved I1-29. The only danger you face is if they find you are inadmissible (that is for those who apply from outside US; if you apply from inside US, you should already have TN I-94 and not need to go to border). inadmissibility would not have anything to do with TN, it would be a problem with YOU (criminal, immigrant intent, etc)

This was not the case for our poster, so your situations can't really be compared .
 
I have a planned trip overseas (not to Canada) next month. I will return via a different POE than where I got my permit.

Right now my idea is to bring all the same material, and say politely tell the admitting officer that I think a mistake was made, and would the officer consider providing a new permit for the remaining 35 months on my employment offer.
 
My roommate with a TN did that. Got his initial i-94 with a year and he simply called and the guys fixed it online and put the 3 year period in his I-94.
 
Sorry I've been trying to reply and keep getting an error. had to re-register. Search the cbp site, I cant paste the URL here.
 
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I meant the US customs and border protection agency. He called his Point Of Entry office, in his case was NYC, they checked on the system and they were able to see the permit was for 3 years, they told him to check again his i94 in a couple of hours and that was it. The i-94 was corrected.
Next time he flew out and back again, the new stamp had the correct period
 
So your roommate was granted a TN "permit" for 3 years, but the "I-94" was only 1 year.
When he called the POE, they noted the discrepancy, and updated the I-94 to match the permit.

My concern is, I don't know if the agent who processed my application really gave me a "permit" for 3 years. He was very clear that I was in fact expected to return to the POE in 1 year.
I am worried that if I call, they will find that agent and he will say "Yes I already told that guy he only gets 1 year, now we are mad at him trying to end-run around my decision".
 
Your updated I-94 (when you ask for that like Vic said) trumps anything an officer previously told you. You don't even need a stamp in your passport, so I wouldn't even bother asking for one. And you technically don't need to call the border, you could contact CBP internally.
 
I re-entered USA at a different POE.

At that POE I asked the officer why my I-94 was for 1 year, because I believed I should have a 3 year permit.
The officer shrugged and said "I only go by what was put on the I-94".

I did not get a new I-94 and I did not feel confident to challenge the officer (who had just rubber-stamped my re-entry under my existing 1-year I-94)
 
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