TN Visa Denial; can I remove the flag from my file?

R

rudeturnover

New Member
Hello!

I'm a management consultant based out of Canada (citizen) working for a large global firm. 10 months ago I went to the U.S. to go to a conference - I didn't need a Visa for this but decided to apply for a TN Visa anyways in case I needed to do some client work in the United States - I didn't want to break the law. I have the right qualifications but ended up getting denied because my employer's law firm wrote the phrase "project management" in my application, which doesn't align with the NAFTA definition of management consulting (my fault for missing this).

Since then, I have gone to the U.S. three more times. Once for a work conference, once for work training, and once for leisure. I was allowed into the country each time, but directed to secondary screening each time. This process is quite time intensive and stressful. I'm terrified for an upcoming trip to New York I have planned, even though it's only 10 days and I have full documentation for return flight, hotel, and my paystubs / rent payments in Canada. If by some whim the agent turns me and my partner back, that's $5K down the drain.

I have two questions
1. Are there any other steps I can take to make sure I don't get denied entry for my upcoming vacation? I just want to cover all my bases.
2. Is there anything I can do to address the TN Visa Denial flag on my file? I have no intention of working in the U.S. at all. My firm has only staffed me on Canada based work since the rejection, and will continue to do so.

Thank you so much!
 
If you have been granted entry 3x since, why are you now suddenly scared you may be denied entry?

Did some other incident happen since then that makes you worried?

INS obviously is not going to erase your attempted application from their records. They want as much information as possible to accurately assess visitors.

I also had a TN application refused and for years I faced additional scrutiny for tourist crossings. Typically I'd have to wait 30 minutes while the agent spent forever reading stuff on the computer. After a few years it stopped.

I had the same experience when I declared > $10,000 cash. For 2 years they quizzed me about cash. Then they stopped.

Just be patient. Eventually your old history will stop being interesting as they instead contemplate your more recent history.
 
Thanks grant2! No changes from my past few times. Only different is in that past, it was either company funded training or day trips across the border, so the stakes were low. Paying a few thousand for a vacation this time so being denied would hurt a lot more; so just a bit paranoid.
 
Nothing much you can do about it so you may as well relax! :D

If you are trying to fly to a vacation destination with family & return tickets, that is the scenario least likely to arouse suspicious you have plans to work illegally in the usa.
 
i had a similar flag in my file - for another reason...so i had to always goto secondary and explain them with file and every thing.

One nice agent noticed that and said "you have to explain this to everyone all the time" i said "yes" she said somethjing along the lines of " let me remove this fllag in your file" then i was never bothered. Althoguh i still keep documentation in case asked
 
I commend your intention to work legally in the US, but you unnecessarily applied for a TN visa.
You can perform business-related consulting without receiving any pay for that activity on a B1 visa. Since you are a Canadian Citizen and if you had mentioned to the CBP agent that you are going there to attend a business conference and may potentially consult with business partners, he/she would have stamped your passport with a B1 entry visa. Please refer to the text below from the USCIS website and the link. Based on what you mentioned, in my opinion, a TN visa is overkill.


"You may be eligible for a B-1 visa if you will be participating in business activities of a commercial or professional nature in the United States, including, but not limited to:
  • Consulting with business associates
  • Traveling for a scientific, educational, professional, or business convention, or a conference on specific dates
  • Settling an estate
  • Negotiating a contract
  • Participating in short-term training
  • Transiting through the United States: certain persons may transit the United States with a B-1 visa
  • Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa"
Source: USCIS website; B1 visa

Rest assured, it takes time to have the flag removed as others said. Hope it goes away soon. Good luck
 
Agreed. However, to be clear, the work can indeed be paid for the time worked/spent in US (no one works for free:)), just not directly by the US entity. The Cdn's foreign-based company would be the receiver.

Another reason one would require a TN, is if the person wants to live in US.
 
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