Rejected for one TN, applying TN for another job now

Z

zhangwarship

New Member
I am writing to ask some suggestions about my TN visa application. I have a master degree of civil engineering in Canada. I currently have a job offer as a Project Engineer from a structural engineering consulting company in New York starting from August 2006. However, half a year ago I was rejected for another TN as a Project Engineer in an engineering consulting company in Chicago.
My girlfirend and I visited New York City for pleasure in 2005 Christmas then left for our friend, in Chicago. My girlfriend came back alone to Canada after New Year’s Day. I stayed in my friend’s home. Regarding to the job, the fact is: I found the job opening in my university website and applied it in Nov. 2005, but the company responded me in February 2006 for an interview. I happened to be in Chicago, so I met the boss and got an offer eventually. After I got the boss’s confirmation, I found another place and moved to there. As regular hiring process, the company prepared an offer letter to my new address in Chicago. Everything was ready for the job except for TN.
At the end of February 2006, I went to a POE for TN application. During the TN interview, the visa officer pointed out that my offer letter was written for a TN renewal. After talking to my potential boss over phone, they realized that might be a wording mistake. However, the officers still suspected me of having worked in that company for a while (probably from Jan. to Feb. 2006). They suspected that my trip was intended for job hunting because I had no income to support myself for vacation. I explained that I had savings in Canada, but they didn’t believe me.
I told them I paid rent (without lease) for the new place where I planed to stay. They said that violated immigration law because visitors can only stay in hotels or with friends.
They also questioned my qualification because the salary was low.
To check my immigration intent, they also asked where I lived in Canada. I gave them a phone number in my apartment. My girlfriend was not at home at that time. Due to the pressure given by the immigration officer, our roommate replied with “I don’t know this person” on phone. From then, the officers stop trusting any of my explanations. Although they didn’t find any evidence to give me a 5-year bar, the result was a denial with 10-fingerprint and photo taken. They told me that I cannot apply TN for that company anymore but I could try for other companies.

Recalling the horrible interview US, I really worry about the following problems concerning my coming TN application. I really appreciate if somebody could give me some suggestions,

1. How can I improve my credibility at the POE?

2. I didn’t mention my past TN experience to my prospective company. Will this be an issue?

3. Will the visa officer investigate the Chicago company, the landlord in Chicago, or my friend for my past? I don’t know if they remember everything clearly. What if they say something which is not exactly the same as I may say to the visa officer?

4. Will the visa officer refuse me because I had violated immigration law by having residential address in Chicago as a visitor? Will this cause a 5-year bar?

5. Since I am single, can a co-signed apartment lease and a joint bank account with my girlfriend (student in Canada with permanent resident status) be my strong tie with Canada?

Warship
 
Wow. That's probably the craziest TN denial I've ever heard. (sorry, I've heard a few and was just horrified by that one.)

At any rate, I was rejected for my first TN but went back a couple of days later (same POE) and got a TN in 20 minutes with no hassle. I was fingerprinted and photographed as well, though my rejection had more to do with the letter and the wording of the job description. Yours sounded like an awful experience but I don't know if they'll actually care too much about your past application. And it's doubtful they'll even remember you. They seem more focussed on your current one, making sure you're not intending to immigrate, making sure you're only there for no more than a year (though the POE officer told me that some companies extend them and even suggested if that happens to just do it through the mail because it was less of a hassle), making sure you fall under the correct category, have the correct background, etc. etc. Maybe someone with more experience at getting TNs is better suited to answer, but based on my experience and the stories of others, as long as you go with your letter/offer, your degree (or whatever), resume (if needed for past experience) and proof you're tied to Canada (which I wasn't even asked for) you should be okay. You weren't actually barred from the country and they even said you could try for another company so you may have nothing to worry about. Just as long as your current one is up to snuff it should be fine.
 
Ya that's quite a story. I got denied the first time also, and similar to cdnchris, it was for wording of the letter. I went back about a week later and got approved without any issues.

The worst thing you could do is lie. If they ask you if you've ever applied for a TN you need to say yes, if they ask if you've ever been denied entry, you need to say yes also. If they catch you in a lie, its way worse than if you tel the truth, and its a bad story, but its explainable. Yours is explainable, and so don't ever lie if asked directly. There is no reason to offer this info either, only tell them if they ask you a direct question.

If they catch you in a lie, then they might bar you simply for having an immoral character.
 
Oh yes, curiousGeorge is right.

DO NOT lie. I forgot to mention that. And also don't lose your cool. My second attempt there was a guy next to me, who I guess was previously rejected at the Mexican border and lied about that. When they started questioning him on that he lost his cool and he was pretty much screwed.

On my second go they asked me about applying for a TN before, whether I was fingerprinted before and all that. Just be honest. When I was asked whether I had been finger printed I told him yes and it was at that very POE. He perked up at that (before he was just going through the motions) and asked me why. I simply told him I had been denied entry because my previous attempt at the TN was denied. He said "oh, why?" and I told him it was because they didn't like the letter. and then he went right back to the application. Just be honest if they do question your last attempt.

Again, I honestly believe they really only care about your current application and that you are qualified for it and as long as it's all good and you're straight forward, you should be fine.
 
Can a Canadian PR holder apply for TN?

Can a Canadian PR holder apply for TN?
 
Appreciate all replies

bzuccaro, cdnchris, curiousGeorge, I really appreciate your advice. I will keep in mind to be honest for everything if they ask. According to everybody, I should be eligible if the paperwork is well prepared. I will come back to let you know my final results. Cross fingers.
 
TN approved

hi everybody,
Glad to let you know that I got my TN approved in last week. As everyone suggested, I was honest about my denial. The good thing is that they gave me time to explain. I hired a lawyer to prepared the documents. It helped. Since I am very qualified for the current job, once I have the previous denial explained, they let me pass.
Appreciate all your help and concerns. Hope everybody have successful career.

Warship
 
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