TN Processing Problems at U.S. International Airports

Question: In January 2009, I obtained my TN status valid until 2012 at the Buffalo border. I recently went on vacation for a month and came back through JFK. I was told to fill in a new I-94. Then they asked me to show form 7-- (I cannot recall all numbers). I explained that I have nothing else to show as proof of my TN. In fact, last year I made the same trip and had no problems.

This time I was held for approximately 2 hours when they searched their computer system for info about me. Eventually my I-94 was removed from the passport and a new I-94 given. I asked what I did wrong and what I should present at the border next time and received no clear answer. Could you give some comments?

Reply: I see these types of problems frequently with TN workers who re-enter at U.S. international airports. Immigration inspectors at U.S. international airports do not handle NAFTA TN applications very often, and as result, are not familiar with processing TNs. I suspect the officer was asking for Form I-797, which is the approval notice an individual receives if she has filed for a TN by mail with USCIS. As you obtained your TN at the border, you are only issued an I-94 card and not an I-797.

For TN workers who must re-enter at a U.S. international airport, I generally recommend that they have the following items on hand to overcome an inspecting officer’s concerns about their immigration status: (1) the original I-94; (2) I-94 fee payment receipt (from border); (3) original I-797 approval notice (if available); (4) copy of TN application materials; and (5) an updated employer support letter confirming continued employment with the employer.

Update on Wednesday, June 22, 2011 at 11:59AM by Brian D. Zuccaro, Esq.

Canadian TN visa workers should always make a copy of their I-94 cards and have the copy available when traveling by air into the U.S. Often the original TN I-94 card is surrendered to the airline. The lack of a TN I-94 card frequently causes confusion when the TN visa worker seeks admission at the U.S. airport CBP office. Having a copy of the TN I-94 in lieu of the original TN I-94 card, along with the items listed above can help facilitate re-entry to the U.S. in this scenario.

There have been reports that U.S. airport CBP officers have even been requiring such individuals to present a whole new TN application with original documents, etc. in order to be re-admitted to the U.S. as a TN visa worker. However, CBP's Michigan office has specifically stated that this requirement is inappropriate. According to CBP's Michigan office, in this situation "Foreign Nationals do not need all new TN supporting documentation to return to the U.S. if they were in status when they left the U.S. A copy of the I-94 should be sufficient." MI AILA CBP Liaison Meeting (Oct. 27, 2006), AILA Doc. No. 06111550 (posted Nov. 15, 2006). 

Comments

[mrjones]

i have a question, many times that i enter the united states i am sent to a second inspection because i am told i have a common name, this makes me loose many of my flights and the officers in there are always acting rude. anyway about 1 hour after i enter, i get an apology from the officers and tell me that is a problem with their system but that is getting fixed. what rights do i have,, and what can i do about this? can i sue them?

[Brian D. Zuccaro, Esq.]

You can try to address this issue through the U.S. Department of Homeland Security's Traveler Redress Inquiry Program (DHS TRIP), available at: http://www.dhs.gov/files/programs/gc_1169676919316.shtm

The DHS TRIP program can be used to resolve travel-related issues like yours. See http://www.dhs.gov/files/programs/gc_1169699418061.shtm

See also my article here: http://www.naftatnlawyer.com/nafta-tn-blog/2007/2/21/new-traveler-redress-inquiry-program.html