TN Visa

I

Irene Martinez

New Member
My spouse has a TN Visa. It was issued May 2017 he travels back and forth from Canada to the US. He has been stopped twice and questioned. The 3rd time they actually interrogated him for 4hrs, did not like how he replied and now have banned him from entering the US!! However he can only enter the US with special permission waiver?

Is there any recourse?
 
I am surprised to learn of this. Can an individual be banned just for showing some arrogance (assuming he did? sorry).
If they ban someone, they usually provide a letter stating the reason of the ban, did he get one?
 
What does this have to do with the extremely precise subject heading of "TN Visa"??
He needs to see a lawyer. Period. There is nothing to do with TN in this one.
 
I think the only response for the original poster is to see a Lawyer to determine the next steps. Being banned from the US can only be dealt with a lawyer.
But there are many people reading this forum who are on TN status and who would like to know more details if possible.
I have entered the US many times and the most difficult question I have heard is "what type of engineer are you"? I never know how much detail they want. I usually start very high level and they go into more detail if needed. It has always been 1 or 2 min discussion with the CPB and then I am admitted.
I have heard there are several reasons one could be banned from the US.
1) discovering prior criminal convictions (always disclose)
2) lying to a CBP officer. In the interrogation you say one thing and then later you say something else. (essentially admitting you lied originally) - never lie to CBP.
3) admitting prior drug use (even pot, which is legal at the state level in several states, but still illegal at the federal level)
Now specifically to TN status:
4) showing immigration intent. this is tough one. filing PERM, filing I-140, approved I-140, typically have not been considered immigration intent in the past. only filing i-485 has been. has this changed?
5) this CPB feels your original TN was issued incorrectly, example, the economist category has tightened the rules. ( i understand TN is the only status CBP can challenge, H1B, and L1 can only be challenged by USCIS)
6) they suspect fraud or they suspect you are not really working for your original TN sponsor. (carry your employee badge with you, carry recent paystubs with you).

My understanding if you are a law abiding person with a solid job at a solid employer, there is absolutely no reason why the CBP would deny entry to the US.
Please provide more information , so we can all learn from this experience.
 
Irene Martinez said:
My spouse has a TN Visa. It was issued May 2017 he travels back and forth from Canada to the US. He has been stopped twice and questioned. The 3rd time they actually interrogated him for 4hrs, did not like how he replied and now have banned him from entering the US!! However he can only enter the US with special permission waiver?

Is there any recourse?
Click to expand...

First, Thank you for all your replies

All this just happened last night here is the update, His title is Management Consultant for one non profit, but he sits on a board of Director for another. Hence they scrutinized his record and deemed it as illegal.

My question now is, why did they not do their work with the initial application process? You know make the discovery and just denied the visa? And yes we will be speaking to our lawyer.
 
of all the TN categories, management consultant, is one of the most difficult to prove one way or another. (valid or not)
unfortunately, there is not much you can do, but peruse through your lawyer.
that is the one thing about TN status, the original CBP officer approves, then almost a year later, another CBP does not agree with the original approval.
I certainly feel for you and your spouse. it must be a difficult time. wish you all the best. keep us upto date with any changes.
 
Amberleaf said:
I think the only response for the original poster is to see a Lawyer to determine the next steps. Being banned from the US can only be dealt with a lawyer.
But there are many people reading this forum who are on TN status and who would like to know more details if possible.
I have entered the US many times and the most difficult question I have heard is "what type of engineer are you"? I never know how much detail they want. I usually start very high level and they go into more detail if needed. It has always been 1 or 2 min discussion with the CPB and then I am admitted.
I have heard there are several reasons one could be banned from the US.
1) discovering prior criminal convictions (always disclose)
2) lying to a CBP officer. In the interrogation you say one thing and then later you say something else. (essentially admitting you lied originally) - never lie to CBP.
3) admitting prior drug use (even pot, which is legal at the state level in several states, but still illegal at the federal level)
Now specifically to TN status:
4) showing immigration intent. this is tough one. filing PERM, filing I-140, approved I-140, typically have not been considered immigration intent in the past. only filing i-485 has been. has this changed?
5) this CPB feels your original TN was issued incorrectly, example, the economist category has tightened the rules. ( i understand TN is the only status CBP can challenge, H1B, and L1 can only be challenged by USCIS)
6) they suspect fraud or they suspect you are not really working for your original TN sponsor. (carry your employee badge with you, carry recent paystubs with you).

My understanding if you are a law abiding person with a solid job at a solid employer, there is absolutely no reason why the CBP would deny entry to the US.
Please provide more information , so we can all learn from this experience.
Click to expand...


Thanks for the info, everyone should be aware they are scrutinizing all NAFTA visas. This is my husbands 3rd TN visa never had any issues in the past 7 years.
He has been stopped and briefly questioned twice before. This time they just decided to dig in.
 
This is very useful information. Like @Amberleaf said, the Management Consultant is a tough category. But many of my friends are preparing for the worst and are looking for work back in Canada. But I still dont see why they would ban someone from all categories ? Is your husband banned from applying for a TN , or even B1/B2 entry ? Is there a number of years for the ban ? This will help a lot of folks here because many of us have bought homes, made other investments and will require to settle all of that before moving back to Canada permanently. If someone is banned from entering the US, that will prove to be very detrimental to all of the aforementioned issues. Thank you.
 
@Irene Martinez
Can you please confirm if your husband is able to come back to the US and settle his stuff ? Were the CBP rude to him ? Can you share some details about the event itself ?
Thanks.
 
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