New CBP “Appeals” Process for TN Visa Denials

According to a recent meeting held between the Upstate NY AILA chapter and the Buffalo, NY Peace Bridge CBP office, CBP has instituted a new “appeals” process for denied / withdrawn applications. Under this new procedure, which is effective immediately, if an application is denied the attorney of record may contest the decision by sending a submission to the port-of-entry’s Chief Inspector. The Chief will then provide an opinion on the case. AILA Upstate NY/Canada Peace Bridge Tour, Meeting Notes (February 10, 2015).

Presumably this new process applies to all types of visas adjudicated by CBP at the border (e.g. TN and L-1 visas), but may also apply to those individuals otherwise denied entry to the U.S. (e.g. as a visitor). It is not entirely clear if this is a mandatory process, or if individuals may instead still return to the border with additional information to contest a denial. It is also not clear whether this process is unique to the Peace Bridge port-of-entry, or if this procedure will be implemented at all ports. Additionally, no information was provided regarding the length of time applicants can expect to receive an opinion from the CBP Chief after initiating the “appeal” process.

More information will be provided here as it becomes available, and as our office utilizes this new process.

UPDATE Feb. 26, 2015:

• This new "appeals" process currently only applies to the Buffalo, NY Peace Bridge port-of-entry.