Refused @ POE by road & planning to fly now

E

edmonta

Member
Hi,

Yesterday I visited on Montana road POE for my TN approval(first time). While answering immigration officer, I told them that I am planning to fly next week but came to border just to get TN approved. Officer denied TN entry and said this wont be considered essential now and informed me to go airport only when I am ready to fly.

Since I visited US border, Canadian border asked me to self quarantine for 14 days. Officer also kind of warned me that breaking quarantine rules can lead to penalty from thousand to Mn.I told officer that I will self quarantine at my home.

In this situation, obviously I won't be able to fly and go for TN visa @ airport in next 14 days. On the other side, my employer is asking me to join them ASAP.

I saw in one of Nelsona's post when someone asked if he can quarantine in a hotel for a day and then fly again. Is it not breaking quarantine rules? I mean quarantine means you can't go anywhere literally except your place and going on airport again could be a big violation.

Please advise.
 
The advice I gave was for someone LIVING in US, and visiting Canada for one day to get TN, you only need to quarantine a long as the duration of your stay, if it is less than 14 days. That is not your case. You live in canada, and must abide by Cdn and provincial rules for residents of Canada.

The officer was correct in not processing your TN (although he should have issued your TN on humanitarian grounds due to covid), because you were not heading for work. This where you made an error. You should have simply waited to get your TN at the airport. You could also have argued at the Cdn border that you had not really been admitted to US and should not have to quarantine. B. It wasn;t the best decision, in these times, to go to border, just to see if your TN would be approved. In normal times this is a good idea, but not now. even if you had been granted TN, your decision to come back to Canada would still have made you subject to quarantine

So, now you are, in my opinion, stuck at your home for 14 days, unless you can get someone in authority to say that you are allowed to violate quarantine in order to board an airplane to leave Canada (good luck explaining that, even to the airline). I do not know where you would get such permission. That is not an immigration issue.
 
Provided that you are asymptomatic and do not feel sick, you can leave Canada by air.
Print out the order https://orders-in-council.canada.ca/attachment.php?attach=39829&lang=en and refer to below.

Exception — leaving Canada
8 A person who must quarantine themselves under section 3 or remain in quarantine under section 4 may leave Canada before the expiry of the 14-day period if they quarantine themselves until they depart from Canada.
Click to expand...

Additionally if you need more confirmation, email phac.quarantine.covid19.quarantaine.aspc@canada.ca and explain in brief summary, ask for permission to leave Canada by air per quarantine order exception and have that as backup.

Of course, this only allows you to leave Canada and it's more geared towards airline since they ask you to acknowledge at check-in that you are not subjected currently to 14 day quarantine.

There's no guarantee from US that they will allow you in so best prepare a strong application.
 
That is good info Jixca. But, as you say, that also requires buy-in from the airlines, which may not be simple. Many airlines are now requirinhg COVID test 24-96 hours prior to boarding. One in quarantine would be allowed to go and get such a test.

Is sitting at an airport considered quarantining. This may refer to driving out of Canada,
 
Thanks Jixca and Nelsona.

I was going through Canada.ca and quarantine practices and exemption and saw your reply!!

I was going through point 8 only that I should be able to fly if I keep myself quarantined and go to airport directly.

A silly question here though but where should I get TN on airport as have no experience now in getting TN on airport.

Is it where I land in let's say Chicago in US or from where I fly let's say Calgary or Toronto?

Thanks again Nelsona & Jixca.
 
There is a driving reference in private convoyance, but that's for sympomatic person leaving Canada in separate section of the order as one wouldn't be able to take public transportation when sick.

If I were you, I would either fly from Canada and preclear US with TN on the way to work, or you can try the land route once more in your car (or rental) on the way to work in US. If the distance to your final destination is an issue, cross the land border first and fly domestically from the closet US airport. The point is to not turn back to Canada and have the intention and plan to go directly to work at your employer, otherwise you're just getting yourself subjected to more restrictions.
 
To answer your question: You will apply for your TN as you go through US "customs" on your way to US at a Cdn airport.
 
Thanks Nelsona & Jixca again.I called preclearance on Calgary airport and they confirmed of TN visa processing.
 
Just to share a good news that my TN was approved on Calgary airport on Nov 30.

A FEW THINGS TO NOTE:
1)Calgary airport US CBP is closed till 6 am even though on site it is telling us time 4.30 am to 8 pm so make sure you go to airport and book your flight after 10 a.m. had my flight at 8.10 am and had to run literally to catch my flight.
2)I had another TN applicant with me and I heard clearly when CBP officer was asking him that they could not reach out to the company where the applicant was supposed to go for work. That means CBP office is calling the company and verifying the employment. In such cases, early morning departure could create some issues.
3) My degree evaluation was four years old so officer asked me if I have some other documents to prove my engineering. I had my Alberta board engineering card with me which helped me a lot .
4)Officer advised me @ scanned offer letter and scanned support letters are not ok. I did not have original letters and all letters, offer were sent in email by employer. CBP officer advised me to be careful next time and to get all original signed documents from employer.
5)CBP officer stamped my PP with three year expiry date ,mentioned my employer's name on stamp. Did not get any other I-94 card which I thought they would attach with passport page. I asked officer about I-94 card in passport and he said stamp only is enough and I can check I-94 online or take print out if I need any record for future.
6)All Social security office in US are closed and can get appointment by call only. Another requirement is that you need to stay 14 days in US and then they'll give you an appointment.
Hope this helps,
Thanks,
 
thanks for providing an update, especially since you were initially refused.
and thanks for providing the notes, this is what makes this forum valuable.

as for #5, I understand CBP only issue paper I-94 cards at land POE.
Just go to the website
https://i94.cbp.dhs.gov/I94/#/home
and print off your most recent I-94
 
You need the paper I-94 to give to your employer for I-9 purposes, as well as proof of status.
 
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