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TN rejected once at Vancouver point of entry, apply at toronto

Discussion in 'TN Status' started by Yourbuddy, Jan 8, 2017.

  1. Yourbuddy

    Yourbuddy New Member

    I am from toronto but since I had the job offer in LA and I was already there I flew to Vancouver which was the closest point of entry leaving all my belongings in LA thought it would be smooth one day process and I could get back on the night flight. But I was denied (withdrawn) since since my diploma was not from Canada and US and I didn't have accredited evaluation for it.
    I missed my flight changed it to the next day and tried to get a visitor visa which was again denied even though I told them I just need to collect my belongings. They let my spouse in as visitor though to bring those back on a limited 2 weeks stay visa.

    I am working on getting the WEC or CES of my diploma which will take a month or so.

    Now here are my questions:
    1) Is it ok if I apply at toronto airport for TN once I get my diploma certificate? I am from toronto and the only reason I applied in Vancouver was that it was closer airport. I see in the checklist document that they recommend to apply at the same point of entry.

    2) how bad will my visitor visa denial affect my TN application later at the airport. Are they gonna give me hard time or deny me just based on that? Any tips on what documents etc I could provide to make that visitor denial the next day be less of a concern for them?

    3) If I apply in Toronto would you recommend WES or CES which is from university of Toronto? Which one is more legit for the US border officials? I know that CES has rush service which would make it faster but the offficer that denied me at Vancouver gave me a print of WEC website as a favour to helping me out since I had no clue that the evaluation is mandatory.

    4) do you recommend for me to wait for a month or more before applying again for TN or should I apply as soon as my diploma is ready? Because I've heard that once your visitor is rejected you gotta wait for a while before applying again. Would that apply to TN applications? Should I get a lawyer before going to the poe again?

    Really appreciate any comments or help.

  2. nelsona

    nelsona Registered Users (C)

    1. Yes. It is usually considered bad form to "port shop" by going from one POE to another to get approval. However, that is only when you don't do anything in the meantime to address the failure in your petition. Once you fix the problem legitimately, then you can go wherever is convenient.
    2. None whatsoever. You aren't applying to enter as a visitor
    3. Both fine. whichever is fastest.
    4. No. I recommend you get this fix asap before your sponsor loses interest.

    (forget the word visa in your lingo, you and your spouse don't get visas, you get entry statuses).

    Border acted correctly in denying your entry as a visitor. It was improper for you to leave all your stuff in US. This gave the impression that you were already settled in US, and thus ineligible for visitor status. You became a high risk when your TN was denied and you then tried to get back in.
  3. Yourbuddy

    Yourbuddy New Member

    Thanks a lot nelsona, this really helps.

    The border officer gave me a document checklist and on top of that it says:

    "If your initial TN application has been refused CBP encourages you to return to the same port of entry that issued you this guide once the deficient or lacking information, if any, is obtained."

    How important is it anyone had experience changing the point of entry after first rejection and completing the documents?

    Also the company has law attorney firm that is working with them and they do prepare the TN application and they do the accredited evaluation of the diploma as well. They said they have a university professor that is authorized to evaluate diploma and they just wanted the scanned copies of my diploma and transcript instead of a direct transcript sibmission from my university which is required by CES.

    Do you think that law attorney diploma equivalency letter is better than CES or should I go with CES which might be more well known?

    Also is there any other thing that the company's lawyer can provide or give me that could make my application stronger than going at the border on my own? Does the border officer care if the application is coming from a lawyer or not and how would they know if it is coming from a lawyer?

  4. nelsona

    nelsona Registered Users (C)

    It is not important that you cross at the same POE. The important thing is that you FIX THE ISSUE, and make it clear to the new officer what was fixed.
    Personally, I would not depend on the POE accepting an "in-house" evaluation, even if the professor is "authorized" (by whom?). Considering that this was the very issue that got you denied, I'd be careful using such an eval just because it is expedient. It *might* be equivalent to done by a reputable and known firm such as WES, and UofT but it certainly is not "better".

    The letter comes from your sponsor. That fact that it is written by a law firm shouldn't matter.
  5. Yourbuddy

    Yourbuddy New Member

    Thanks nelsona,

    Since my job category is software engineer I was wondering if you or anyone has a sample job duties for the support letter, I couldn't find a sample on the web for software engineering.

    Do they have a guideline for the job duties of the software engineering that they check against? Is there any government link that lay out the duties for each category?

  6. nelsona

    nelsona Registered Users (C)

    Your sponsor is hiring you for a specific job, why would they not simply put the task(s) that they know you will be doing?
    The point isn't to make up a job description to fit TN, it is to describe your actual job.
  7. Yourbuddy

    Yourbuddy New Member

    I am just curious from which source or handbook they would verify that the job duties matches the job title. What do they base this on?
  8. nelsona

    nelsona Registered Users (C)

    The department of labor occupational handbook
  9. Yourbuddy

    Yourbuddy New Member

    My wife and I decide that I go to the border alone first to get the TN. She can then ship out luggages/furniture and go to border later if I get it.

    Now the questions
    1) Is it better to go separately? In the case I get denied again we think it'll be easier for her to get visitor visas alone in future. Last time they took her fingerprints, etc so we like to avoid it.
    2) Can she go one day after me or should she wait longer?
    2) TD required document list has "letter of employment from spouse" as requirement. Does it need to be original or is the color copy ok?

  10. nelsona

    nelsona Registered Users (C)

    1. Yes.
    2. Doesn't matter
    3. TD requirement is a copy of your TN I-94. There is no need for any of your documents: you already got the TN.
  11. Yourbuddy

    Yourbuddy New Member

    Thanks nelsona for a he help.
    We got our 2 years TN this time in toronto. I had the package from the lawyer and they only asked 2 questions about my degree and job title. There were about 8 people in front of me so I was waiting for an hour. Once it was my turn it took only about 15 min.

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