Ran into a TN problem at the border, Please help!

K

karkoor24

Registered Users (C)
I am a Canadian engineer. I once worked in the US on a TN visa for one year, then left the US for an international assignment which ended in august this year (07).

I contacted few companies in the US that are dominant in my industry, and got a couple of offers.

I just went to the border with ALL required documents to get a TN, and the officer was adamant that since I was working outside Canada, I should have an "evidance of residency" in Canada to grant me TN (she rejected the TN application and issued me a letter with "Evidance of Residency" checked out"

I explained to her than I never abandoned my Canadian residency (showed her my driviver license and OHIP card) and that currently I am staying with my family (mom and brothers), but she insisted on getting this evidance of residency under my name!!

The questions I have for whoever is knowledgable:

1. Does the rejection influence my next TN application?

2. What should I do? should I sign up for a phone line sent to my mom's address? or should I go ahead and rent a new place all together, and get a new lease?

3. Would this be satisfactory to her? I read the TN and Nafta pages over and over and over again, and this "evidance of residency" was not mentioned anywhere.

I am living a nightmare and afraid I may lose this job now the employer might need to wait longer for me?

Please, Please help me
 
Last edited by a moderator:
Yes just living with family might not show you are planning on returning to Canada when the TN status is up. Not sure what they are looking for however. I know I was renting an apt and didn't have to prove any ties of living in Canada years back when I was doing the TN though. I just think every border guard is different.

If you do get this TN Status eventually, you shouldn't have an issue with future TNs at all...
 
We've had info that the western POEs are demanding foreign residency for TN.

As you and I know, this is absolutely not required.

You may have to either ask for a suprvisor, or go to the POE with a lawyer. The officer has exceeded her legal jurisdiction. The fact that you have written proof of this is actually a good thing. She could have rejected you based on 'suspicion', which would be harder to countermand.

I would not be providing any proof of foreign residency, since by your own admission it is flimsy at best. Stand on your rights.

TN is NOT a tourist or student status (which does require foreign residency maintenance)
 
Thank you warlord and Nelson. Is that mean if I go now, rent an apartment, and order new utility services, I can go ahead and present that to the officer to satisfy her request (please bear in mind the sheet she gave me had a list of requests, and the only one she checked out was [ "evidence of residence: (recent bills, rental receipts, mortgage deed, etc)]

Please advise

Note: Is there any higher authority/reference/someone that we can contact if we feel treated unfairly by an officer? Nafta is straightforward, and I have all required documents, and I am afraid if I go get her what she asked for, she may ask for something else or deem it insufficient. In that case, I was wondering if there is a Nafta specialist at the border who would have an authority to resolve such issues??
 
Last edited by a moderator:
As I said, i would absolutely NOT be doing anything to either establish or prove Cdn residency. It is simply not required, and she should be called on the carpet by her supervisor, hopefully in the presence of your lawyer. she need some re-education on what TN status requires.

Any attempts to make yourself more 'Canadian' will only result in you having to pay Cdn tax on your US income, which is also not required when living in US on TN.

You need to stop talking directly to her. Go to her boss, or go to another POE, with your lawyer.
 
I contacted the company's lawyer in MI, and she said I better go get that "evidence" for the officer!!! I am confused and feel I am in a loophole.

Back to my question for anyone who can help,

Is there any authority/reference/someone that we can contact if we feel treated unfairly by an officer? Nafta is straightforward, and I have all required documents, and I am afraid if I go get her what she asked for, she may ask for something else or deem it insufficient. In that case, I was wondering if there is a Nafta specialist at the border who would have an authority to resolve such issues??

Your help is much appreciated

Thanks
 
Your company's lawyer is abviously not up to par on TN. Ge ta TN experienced lawyer.
 
It is easier said than done. She's the company's lawyer, not mine. I have no choice but to deal with her ! I feel hopeless and the very feeling of being mistreated and unjustly turned down with no idea how to work around it is aweful!!
 
The company lawyer has done nothing more than write a letter, which the border officers were fine with. her job is done.

So, now, YOU need YOUR lawyer, to get YOU into the country. From what you've said, the job is fine, the description is fine, your educational quals are fine -- it is your personal quals that are being (wrongly) questioned. You need muscle at the border, in the form of lawyer. Get a lawyer based in Buffalo or wherever you cross, and pay the $200 to get this done.

I think I've said this before, so, how's the search coming?
 
If you read the NAFTA handbook, provided by CBP for use at the POEs, it only requires maintenance of a foreign residence for B-1 status, since this is a temporary entrance status. TN is a non-immigrant status that while not permitting permanent residency, does not forbid 'living in the US' temporarily.

You are letting the actions of a moody CBP officer run your life. She shouldn't, and won't once you take some professional help with you.
 
Thank you Nelsona, I appreciate your concern and assistance.

Does anyone know of a good immigration (TN-Aware) attorney close to the 1000 Island Bridge POE (aka Alexandria bridge), that I can get in touch with and ask for their assistance. I am interested in contacting him/her and ask for them to meet up at POE to address this issue? Please help.

Thanks in advance
 
You want to contact:
Law Offices of James D. Eiss

19 Limestone Drive, Suite 1

Buffalo, NY 14221

Tel. 716-633-9300

Fax 716-633-0492


I HIGHLY recommend Jim or Danielle for TN issues.
 
You must log in or register to reply here.
Top