Questions about i797B and possibility for scrutiny at POE

K

Khkchieh

New Member
i am a Canadian citizen recently relocating from Japan to the US with my US citizen spouse.
During the first trial, I was denied entry due to mis-alignment between my job description and job title as a computer system analyst.

I have had my company re-apply the TN through USCIS under engineer and was just approved.

I know that it's important to have luck depending on which CBP office you get.
Has anyone had experiences of denied entry even with a 797B approval notice with him/her? Any recommended POE (land vs air) in this case?

What about traveling with US citizen spouse AFTER the TN visa is approved?
 
While the CBP will want to review the entire petition when you cross, they typically don't reverse the USCIS decision. They typically only look at admissibility, which is where you might face a BIG problem, namely your US citizen spouse moving with you to US. This is universally viewed as intent to immigrate by the CBP, and they could deny entry on that basis (since you cannot display intent when entering on TN). It is assumed that she will sponsor you for green card as soon as you enter. They may refuse entry and insist that you apply for spousal visa, which will take some months.

This question of admissibility will not go away even I you enter successfully the first time (especially if you enter alone). You need to get off TN and start GC process as soon as you enter.

A CDn POE would be best, in my opinion, but entry at a US airport should be OK.
 
Hi Nelsona,

Thanks for the advice again. Just an additional question.
As I plan to drive with my parent from Vancouver to cross the border with my approval notice under engineer (system engineer), do the CBPs usually give troubles if my car is full of luggage, or if there is any advices for dos and don'ts?
 
Just to share the results from my crossing the border today. The CBP officer did review my profile again in details and asked me about the details about my job description. She also asked me if its the same job then why does the company provide two different job description. I did explain that since it was our team's first time processing the application, we did not know that so many details, which we provided during the second attempt, were required. After two hours of back and forth, she finally approved my TN application.

Thanks to those that provided advice to my TN application!
 
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