Paroled defered inspection

C

Canad

Registered Users (C)
Hi,
Need immediate help.
I am on a TN visa and I recently entered USA from a third country and at the airport they stopped me and basically took/kept the passport and gave me a form with the I-94 mentioning Paroled - defered inspection.
My TN was issued this year for a 3 year period. I had traveled last year also when I was on a different TN but this is the first time I am having this problem.
When I asked the reason they want me to show all the documents that I produced for the TN visa.
Did any one encounter such a problem before?
I was asked to be seen at the airport in 3 weeks.
Please help....
 
Did they tell you were still allowed to work, or not? If they said nothing, I would assume you are still in TN status.

You need to give a bit more detail. Did you have your current I-94 on you or was it a copy? What Airport was it.

But, otherwise, I wouldn't sweat it. Just bring a copy of your TN documents (and the I-129/I-797s if you got a mail-in) and you should be fine.
 
Thanks for the reply Nelsona...
They said nothing about the work.
I had the copy of the I-94. The original was taken when I left the country.
Its strange they are asking me for the information now when I have 3 years visa issued early this year.
I over heard the officers talking fraud, but I don't know what fraud they are taking about as I have all the genuine docs. But when I specifically asked the reason for making me go through this, they just said that I have to prove my TN visa admissibility.

One question though is that, are the TN visa applications reviewed again after the TN is issued? because I over heard the officers talking something like that.
When I crossed the land border from Canada in July this year, there was no issue.
When I was given my first TN in 2007 (After 2 initial rejections) the officer told that I would be stopped for additional questioning each time I cross into US and last year in NJ airport the officer called me for a secondary inspection but he was not sure if I really had a TN Visa. When I showed him the fee receipt for the TN, he said it was fine and let me go after issuing a new I-94.
Do you know if I need a lawyer representation to find out the actual reason for making me go through this or will it help if I have a lawyer at the deferred inspection hoping if they allow a lawyer. Also they said if I am not approved that day I will be put on a plane to canada or to the country where I arrived from at this airport.
Please help. Thanks for your time...
 
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nelsona said:
Did they tell you were still allowed to work, or not? If they said nothing, I would assume you are still in TN status.
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I wouldn't. He's a parolee, subject to deferred inspection. Looks like they didn't want to admit him in TN status, but did him a favor and didn't deny entry.

This is why I never gave away the original TN I-94, no matter what CBP wants you to do.
 
What Candad has gone through is really odd and disturbing. You should have asked CBP whether you can still work on TN status from now until the date of your deferred inspection. Also, when they told you to prove your TN visa admissibility, you should have argued that TN is multiple entry, you have re-entered US on your existing TN without any problem in the past, why you are being picked on this time.

Since you did not ask them whether you are still on TN status, I agree with Nelson, I believe you still are. This is just like people who travel on advanced parole after filing I-485. You are paroled into US until they make a decision on your adjustment application. You are still on the same status that you have been before exiting US.

As far as whether to give up your I-94 when you fly overseas, I believe it is required to surrender your I-94 upon leaving US unless you are travelling to an ajacent country and plan on coming back on the same status. I have an upcoming trip to Asia. I will carry a copy of my I-94 issued by CBP, a copy of the I-797 form issued by CIS, and a letter from my employer to confirm my continued employment with them. Hopefully me and my wife will not have any problem.
 
superjk said:
Also, when they told you to prove your TN visa admissibility, you should have argued that TN is multiple entry, you have re-entered US on your existing TN without any problem in the past, why you are being picked on this time.
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That's a legitimate question to ask, but it's also worth noting that each admission stands on its own merit, and that each time CBP can legitimately question whether the alien is eligible to return in such a status. What they did was unusual, but quite legal.

Since you did not ask them whether you are still on TN status, I agree with Nelson, I believe you still are.
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If he was in TN status, he would have been given an I-94 that said TN on it. He was not, and therefore is NOT in TN status.

This is just like people who travel on advanced parole after filing I-485. You are paroled into US until they make a decision on your adjustment application. You are still on the same status that you have been before exiting US.
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You do not understand how parole works. Parole does not return you into the US in the same status you were in before you left at all. If you return via AP, you have no eligibility to work unless you have an EAD or are covered by the Cronin Memorandum.

Parole is a very distinct legal status.
 
As I asked originally, the issue of what I-94 he has was important. Given he does not have an I-94 in TN, I would not say he is now in TN. But the poster should have asked this explicitly.

However, on the issue of status one has when paroled, it is often the case that one uses AP, but remains in H1 status. This would occur, if say, a non-CDn did not have an H1 visa stamp, but had an AP. He could enter on AP, and his H1 reamins valid.

.... which is the Cronin Memo:eek: and does not apply to TN.
 
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I did have my documents from my current employer (original offer letter and the pay stubs) which the officer checked but still kept the passport.
Is it possible that they allow a lawyer with me for the deferred inspection? I am getting a feeling that somewhere something wrong may have happened.
 
I agree. I do not think the OP has any work authorization. CBP could have decided to deny entry. I would count this as a favour.

TheRealCanadian said:
I wouldn't. He's a parolee, subject to deferred inspection. Looks like they didn't want to admit him in TN status, but did him a favor and didn't deny entry.
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... then I would not be waiting three weeks for inspection.

Go back tomorrow and demand your TN.
 
Just out of curiosity what TN classification are you under?
Do you have a 4 yr degree in the same discipline as the TN classification?
You were asked, but I don't see an answer, at which airport did this occur?
There seems to be some sort of "house cleaning" going on with DHS as far as TN's go.
 
I've heard of this happening to people before. I know that when my sister lived in the US and had a TN, each time she crossed the border back from Canada to the US she had all her documents with her. By this I mean all the documents that you need when petitioning for TN status at the border (employer letter (copy of the original), transcripts, diplomas, etc) JUST IN CASE the customs agent decided to 'take away' her TN and she had to 're-apply' and present her case on the spot.

Now that I have my own TN, I do the same thing; always carry all original application documents with me whenever traveling across the border. Better be over prepared than not... At the end of the day, everything is at the discretion of HS agent.
 
I have a 4 years bachelors degree in Mechanical engg and a one year non accredited full time software Diploma course. I was issued TN as a software engineer.
This happened at Phili airport.
What do you mean by house cleaning of TN's.
Did this happen to other people recently ?
 
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Canad said:
I have a 4 years bachelors degree in Mechanical engg and a one year non accredited full time software Diploma course. I was issued TN as a software engineer.
This happened at Phili airport.
What do you mean by house cleaning of TN's.
Did this happen to other people recently ?
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Housecleaning would be looking for borderline TN cases; people who have degrees that don't match their TN classifications. People that have been in the US, multiple years, without leaving for multiple months at a time.

I have a co-worker whose son was hired at Microsoft, has a 4 yr Bachelor of Computer Science degree, who was denied a TN on the WA/BC border last Friday because they didn't believe Microsoft could find a US citizen to fill that position. Fortunately there are still H1B's to be had so Microsoft sent in an H1B application, with premium processing, so he's got still got a shot at the position.

I know of 6 other former TN holders who were denied, both at a POE and by mail, all of them at least 5 straight TN's without a break.

The bleak economy in the US is giving rise to a whole new level of TN scrutiny.
 
The last comment was uncalled for.

Given the level of fraud and abuse in all of the guest worker visa programs, the USCIS, DHS, and ICE are doing what is required by US law.

If someone does not want to provide the requested information, they are free to go elsewhere. There are many - including qualified and willing USCs and LPRs that want jobs.
 
Concerned4us said:
Given the level of fraud and abuse in all of the guest worker visa programs, the USCIS, DHS, and ICE are doing what is required by US law.
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This statement would be true only if the TN required a labor market test. It does not - and therefore to deny a TN based on the notion that "surely you can find a US citizen for the position" flies completely in the face of the law.

One of the weaknesses in the TN is that increasingly educational degrees are orthogonal to a profession. Software is probably is the most glaring example of this.

If someone does not want to provide the requested information, they are free to go elsewhere. There are many - including qualified and willing USCs and LPRs that want jobs.
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What "requested information" was there in the case webtiger refers to?
 
TheRealCanadian said:
This statement would be true only if the TN required a labor market test. It does not - and therefore to deny a TN based on the notion that "surely you can find a US citizen for the position" flies completely in the face of the law.

One of the weaknesses in the TN is that increasingly educational degrees are orthogonal to a profession. Software is probably is the most glaring example of this.



What "requested information" was there in the case webtiger refers to?
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I think I can agree with you TRC that Computer Science and associated degrees and the software profession have become mutually exclusive items.
As for the "Requested Information" comment...
Every one of the cases I have personal knowledge of each person appeared requesting a TN with:
Original offer letter
Original degree/diploma/certificates
Original school transcripts
Letters of reference from previous employers, where necessary
Copies of all of the above so the officer didn't have to spend 15 minutes at the copy machine.

I don't believe there was anyone that went unpapered or unprepared for a TN application.
Anyone who had prior experience with a TN application has said it was the worst experience they had at a POE or airport. Not because they were treated rudely but because the rejections were on a non-legal basis per the TN regs.
I mean really, if you sign a tri-lateral agreement, can't you at least keep to the bloody rules for which you signed up?

The US is battening down the hatches but in doing so they run the risk of adding to their economic woes... short sales on homes, Chapter 7 because of loss of work - you need to file it to protect yourself if you have to leave and have CC debt, car loan, house you can't sell.
Besides all that the brain drain that is going on will come around and bite the US in a couple of years....
 
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Concerned4us said:
The last comment was uncalled for.

Given the level of fraud and abuse in all of the guest worker visa programs, the USCIS, DHS, and ICE are doing what is required by US law.

If someone does not want to provide the requested information, they are free to go elsewhere. There are many - including qualified and willing USCs and LPRs that want jobs.
Click to expand...

I applaude Nelsona for making that comment.
it is spot on and if you'd take your head out of the sand and look around you'd see a lot of talented people... TN's, H1B's and even LPR's who are all leaving the US because of the bureaucracy of the USDHS tieing them to 1 company and 1 job for years, even a decade in some extreme cases.
Besides, I don't see where the OP said anything about not wanting to provide "the requested information".
 
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