Hello HN! It's been about 9 months since we've done one of these and it seems like time for another. Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.
I'll be here for the next 2-3 hours and then after a break of about 1 hour for another 2-3 hours. As usual, there are many possible topics and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers!
Given the denial, in July 2021 the hiring company then applied through USCIS premium processing again for TN Engineer with my Computer Science degree and I was approved. I was let in at the border with my TN status without issue.
In August 2021, I we back to Canada, and then upon re-entering the US with my TN I was sent to secondary given my previous denial on record. The officers basically rechecked my packet and asked so many questions about my previous denial, the officer then lets me in but states “you might not be so lucky with the next officer”. From what I understand they can take away my TN or even just deny me entry in the future based off the previous denial.
I haven’t left the US since then, but want to visit Canada and come back. However, I’m terrified of the officer denying me entry based of my previous denial. What are my options here? My company’s lawyer basically said we just have to try and hope for the best.
Thanks so much!
I initially applied for L1B at Peace Bridge and was told that I needed to show the company I worked for was profitable (not true).
We drove to Detroit-Windsor from Fort Erie as they told us there were no appointments until three weeks out (you don’t actually need an appointment I found out later).
In Detroit I was denied my L1B because “the last year you worked abroad cannot count towards your acquisition of specialized knowledge” (also false).
My opinion of CBP is you need to get the right one or have your lawyer on speed-dial so they can argue with the officer.
Getting status at the border used to be seen as a pro for Canadians but more and more I’m seeing it as a con.
People who had every right to enter the country.
Don’t leave the US unless you absolutely must.
On the plus side, America as one of places for great vacations.
This doesn't solve your problem entirely but if you're legally allowed to be in the US then there's nothing underhand about taking advantage of the program.
I think NEXUS might be easier, but when I did this as a European the border agent didn't really know what to do and was very grumpy that I didn't provide a US address to send my card which I was told by a different airport I didn't need. Once that was sorted, I haven't had any trouble since and it usually eliminates queueing at the border.
If you're physically in the US, do it at an airport if you can get an appointment - they tend to be much more relaxed than the border guards.
Also, make sure you tell them you are on TN status or they will happily wave you through on B1 which you won't know until you download your updated I94.
My wife had a similar thing happen (not a TN visa though). The immigration lawyers got to work and she was allowed to try again a couple weeks later. This time the officer agreed with the assessment that she was qualified for that visa type. The original officer had a very narrow perspective on how a certain job title was defined that was not inline with how most companies operate.
If your company has a Canadian office, the lawyers could try getting you on an L visa. Or there's an E visa. Once you're on one of those visas then your company can sponsor a green card. Green cards are much more stable and they're easier to renew. Then citizenship if you want to go that far.
The US can only stay competitive by making it easy enough for global talent to want to come here and want to stay. In the past ~15 years, the US has really lost its edge on being the melting pot and welcoming immigrants in a nation built and populated by immigrants (except for native peoples).
PS: Not all CS/engineering degrees are created equal. There are some US institutions where their Computer Science (CS) Bachelor's degree is not accredited by a professional society while the Electrical Engineering (EE), Computer Engineering, etc. are. I switched majors to earn one that was ABET accredited. For new international students, it's vital to check the International Mutual Recognition Agreement (IMRA) for their degree to be sure it's widely recognized by the rest of the world. The cliche is a Russian physicist who ends up teaching US high school biology because of trouble with degree portability.
https://amspub.abet.org/aps/name-search?searchType=program&k...
Still spent 3 years going to secondary, “just because”.
One told me I had to get a Mexican visa if I were to come back since I was visiting so often. Mexican visa. To enter the United States.
Dead Comment
My wife is a US citizen and we currently both live in Germany and planed to move at the and of this year. We’ve filed a I130 in November last year and got an initial estimate of it being done right now (7 Months not to bad). But looking further into it it takes at least 15 Months to process this stage of immigration, worst case scenario it could’ve been 50 months (4 year!!!)
This wouldn’t all be to bad but to add insult to injury it looks like I’m effectively barred from entering the US during this period and US customs can even bar me for 5 years from entering the country if I try.
I just feel incredibly sad about the fact that the way to go if you have a sweetheart in the US seems to be to illegally marry on a Tourist entry into the country…
The earliest the US would even respond to our inquiries is in 2024, which is frankly ridiculous.
There doesn’t seem to be any workarounds other than transferring on an L1 Visa between companies that are situated in Germany and the US, every other visa is single intend (i.e illegal if you plan to stay and the US gets to decided if you’re trying to do that)
I don’t understand what the US is scared of, taking their social benefits? Especially since 90% of the I130 are approved, there is no reason it takes that long or needs such rigorous vetting.
Peter if you know any better or disagree please let me know :(
I don’t think you or anyone can assure me that if I am currently trying to enter the country for a visit I might not be turned away by customs (worst case scenario being barred from entering for years).
I don’t know how you can plan your existence around random chance of US customs.
Please correct me if I’m wrong with that assessment.
To come highlight again, this has been a huge surprise to my wife’s family who resides on both sides of the political aisle.
They assumed it would be bad, but not quite how bad.
So with your November filing, I think it would not be unreasonable to expect an update within the next 3 months or so. And from there on it should go fairly fast, probably just 1-3 months from an approved I130 to a GC.
Good luck!
I know lots of Brits and Canadians in California who have also followed this path.
A lot of talk in here about H1B visas, and that's probably because they're the most plentiful. But, that's not the only type of visa that people should be thinking about.
You can also try to convince your employer to keep applying for an H1 for you while you are working on an L1 - if they agree that's usually a good sign the employer is going to work hard to complete your GC process, and isn't just using the L1 status to handcuff you to the company.
Sky high property prices across the country compared to wages (not just on the coast or in London, everywhere).
Low salaries and high cost of living compared to equally developed countries.
Chronically underfunded public services but ever increasing taxation.
It rains a lot and the weather miserable, this is the biggest one for us personally.
Rats. It's gonna be tough to make it past the first screening round with a No answer. Oh well, fingers crossed some good referral action can help. Thanks for the insight.
Do you have plans to scale up your operation? Or maybe you can recommend other immigration lawyers? You can charge referral fees while you scale up your process.
I am currently working as a software engineer in the UK (I'm from Hong Kong) for the past 2 years and am actively considering the following:
1. Getting a Masters degree in US then work in US with STEM OPT and apply for Green Card through employer; or
2. Moving to Canada, become a citizen in 3.5 - 4 years then apply for TN status and work in US, then try to find a good timing for Green Card application
If my intent is to settle in the US, which route would you recommend me to go through?
Thank you so much for your time!
For that reason, if your goal is ultimately the US, focus on the US, because you will otherwise be adding _many_ years to the process.
One very notable asterisk to the above: If, while applying for a GC, your spouse is from a no-backlog country (born in Canada, UK, or other no-backlog countries), then your application can essentially adopt that country as the birth country, and you can get through the GC process in a relatively short time (all other things equal).
From your perspective "good timing for a green card application" is ASA-F'ing-P.