US Immigration Visa Issues

[flamesrule_kipper34]

Hey all,

Hoping someone else on CP has perhaps faced similar issues in the past.

I should preface this by saying, I'm a Canadian Citizen and travel to the US (or try to at least) very frequently for work.

In the past I've had a TN classification under Management Consultant (I'm an IT Consultant specializing in SAP software).

I used to live in Calgary and my first few TN applications went without a hitch. Then I moved to Toronto and a year ago I had my first issue, my TN visa application was denied for a renewal at Pearson airport (very frustrating because the very next day I came back to Pearson again and I received a different agent and was approved...). A few months after this I was traveling to the US and had some issue with my travel agency not putting my info correctly in the airplane's manifest and when I went to travel to the US, because I was denied entry once they put me into secondary to "get my paper sorted" and I was allowed entry but after an extremely long wait that almost made me miss my flight at that time.

I recently left that company and joined a new company doing the same type of work and they recommended heavily with going under the Computer Systems Analyst category...3 weeks ago, went to Pearson again and count my lucky stars I actually received the exact same agent who denied me once and voila she denied me again, citing I didn't hold the appropriate credentials (which was/is hogwash).

So, last week to avoid Toronto altogether I went to Buffalo (drove) and I was exceptionally fortunate to receive an agent who worked with SAP software before and understood my plight. He seemed apologetic more than anything and said he knew why I had so many issues, and thankfully he gave me a visa for 3 years. I also have Nexus, so on Saturday I went to the Nexus office to have the TN visa added to my Nexus account.

I thought at this point my problems would be all but over. Fast forward to this morning I had my first trip for work on my newly minted TN visa and at the Nexus machine I get an instant "Report To Passport Control"...I knew where this was going...I get the same agent who added my TN visa to my Nexus card. He seems confused as to why I was given that message but he's forced to send me to Secondary to "get me sorted" again. For the most part this went smoothly, but again this leads me to where I am now. Am I doomed forever? This seems ridiculous that I have a TN visa and I don't want to have to go to the airport 4 hours early for every flight I'll ever have to take to the US, I fly extremely frequently.

I'm hoping that they truly did get me sorted this time around but I can't help but feel there's some sort of black mark following me around. I'll be traveling again to the US next week when I need to re-enter for the same client again but thought I'd ask CP faithful if anyone has had this sort of experience and if there were/are any suggestions?

Please advise!

[DuffMan]

are you dark skinned?

[flamesrule_kipper34]

Sure am.

[burn_this_city]

Well this is cleared up. Best of luck sir.

You've probably been flagged along the way and will get hassled on the regular now. Their immigration system is horrible.

[DeluxeMoustache]

I had similar experience where I had a L1 visa for a while with one company then a TN when I changed employers. I was flagged once after a set of frequent repeated entries, and was repeatedly selected for secondary screening thereafter. Even when connecting in Vancouver en route to Hawaii, I was selected. I actually never was denied entry at any point in time, and I imagine answering that question affirmatively is not helpful.

I happened to have changed jobs and have traveled a lot less the past couple years. I also had to renew my passport before my last travel to the US. Got through nicely, what a relief.

But sorry man, in my experience, once you are flagged, it’s not going away any time soon.

[GirlySports]

Originally Posted by flamesrule_kipper34

Sure am.

It was nice knowing you.

[flamesrule_kipper34]

Lol thanks guys, I sort of suspected as such.

I guess my only solution now is to live in the US :P.

[Northendzone]

Would it be worth going to see an immigration lawyer to see if you can sort this out?

Otherwise, if you are ever on on episode of border security, please give a shout out to CP, before they send you off for a body cavity search

[Ozy_Flame]

I've come to the conclusion that if you aren't Aryan or Nordic looking, there's a sliding scale on how likely you will be stopped for secondary. My wife is Italian with southern features, and she gets flagged almost all the time. I, however, do not (unless I put up a stink about her getting flagged).

[Northendzone]

Maybe you can find a few jokes that make those border guys laugh

[DuffMan]

Wear a MAGA hat.

[flamesrule_kipper34]

Originally Posted by Northendzone

Would it be worth going to see an immigration lawyer to see if you can sort this out?

Otherwise, if you are ever on on episode of border security, please give a shout out to CP, before they send you off for a body cavity search

Possibly. It's a bit frustrating becuase whenever I get pulled it's something's wrong with "paperwork and they'll sort you out in secondary". And then in secondary it's just endless typing on the computer before they stamp me through. But it's the sheer inconvenience of it and not to mention especially at Pearson if I come at the wrong time the wait time at Secondary can be hours and those guys have 0 care as to whether you miss your flight or not...it's just incredibly frustrating and I don't have the patience or time to come to the airport each trip 4 hours early.

Not sure if an immigration lawyer can help but certainly warrants a look if it happens again next week. They're just not really helpful when I ask what the issue is, it's just always they'll sort you out in secondary kinda crap.

[zamler]

I used to do a similar thing as you although not as frequently. I got all kinds of run around, nonsense, threats. I honestly don't think there is any recourse. I'm not "dark skinned" but not pale white either. I'm certain some agents are simply #######s and want to assert their power.

I know exactly how you feel.

[Flashpoint]

Same boat as you until I scored an H1b and eventually married an American.

Sadly it’s all about the agent you get. I.e. “Glorified Mall Cop”.

My lawyers advice was to travel only at major ports (Ottawa was always a breeze) where they are used to significant numbers of foreigners, travel on crowded days so the dip####s are kept busy and don’t have time to get “creative”, and finally if you get rejected, return the next day for a different agent.

Sorry about the racial profiling. Fairly typical for US “authorities” I’m afraid.

[afc wimbledon]

I suspect if you make a fuss, bring in a lawyer etc they can just s8rew you anyway, as far as I can tell they have completely arbitrary power to deny you entry for any thing in the slightest, I got turned around for having some tools in the back of my truck once, basically a hammer and some screwdrivers, as they suspected I was heading down at 2pm on a Sunday afternoon to take up a career as a carpenter!! The guy had his turn back quota and I was the unlucky schmuck that he picked.

[flamesrule_kipper34]

Thanks guys.

It does seem like the only thing would be to travel less frequently, stay in the US longer to prevent multiple entries or perhaps try another airport. Thus far this issue has been local and specific to Toronto so it does make me wonder what another airport to the US would be like.

[Nufy]

I was in US customs here at the airport years ago when Mike Vernon had been hired by Tampa as a Goaltending Consultant...

The very new border guard wasn't going to admit him (Vernon) because he didn't have the required 3 years experience as a consultant.

Everyone in the room (except the guard) knew who Vernon was. Once it went to the supervisor level things went smoothly but it is an example as to he power these guys have.

[GirlySports]

Originally Posted by Ozy_Flame

I've come to the conclusion that if you aren't Aryan or Nordic looking, there's a sliding scale on how likely you will be stopped for secondary. My wife is Italian with southern features, and she gets flagged almost all the time. I, however, do not (unless I put up a stink about her getting flagged).

Asians walk right through the airport. We've become the new whites.

[habernac]

Doesn't matter what colour you are. I was asked repeatedly "when was the last time you were arrested?" during about a 4 year period every time I went to the states. Someone with a similar name had a lengthy criminal record I guess.

Another time I had a work Visa for the US and I was going through Houston to Costa Rica. the customs officer grilled me as to whether or not I was there for business or pleasure. After 10 minutes of BS, he tore the visa out of my passport and sent me on my way.

I think it totally depends on whether or not you get someone on a power trip.

[Flashpoint]

Originally Posted by habernac

Doesn't matter what colour you are.

I can assure you it absolutely does.