Denied H1 visa twice - now I'm flagged

[bd_001 0]

Hey all,

Not sure where to post this question, so I figured to post on the general area.

I am a Canadian citizen that last July (2009) got denied entry as a H1 worker into the US (due to paperwork not meeting criteria 100% the first time) - so I went back in a few days later with more supporting paperwork and was denied entry again. At which point I was sent back and apparently put into a "flagged" list.

It has been 8 months now, and I have gone back and forth to the US a few times on pleasure only, and each time I get called into their office where I have to prove to them that I am going for pleasure and not to work.

Now, the challenge I have is that it has been at least 12 times that I've gone back and forth, and I'm still flagged.

Does anyone know when this flag will be removed? Is there any recourse I have to get my name removed so I dont have to go through this all the time?

I am employed full-time in Canada, with a well paid job.. I even have a nexus card! There must be something that can be done.

[Otto 83]

I'm not sure there is anything that can be done (nor why you were denied entry while carrying a valid visa in the first place) - you may have to live with it for who knows how long.

Consider yourself fortunate (perhaps) that you are still able to travel in and out at all.

[bd_001 0]

I did not have a H1 visa.. for Canadian citizens, you can't pre-apply for the H1 as far as I understand, you just show up at the border with the papers and hope for the best.

In my case, they did not like the papers and rejected me, I went back home, got more papers, came back a few days later, and got an official denied, which has haunted me ever since.

I was hoping there's some way to reverse this by showing that I have no intent to move / illegally immigrate to the US.

[JimVaPhuong 4,863]

I did not have a H1 visa.. for Canadian citizens, you can't pre-apply for the H1 as far as I understand, you just show up at the border with the papers and hope for the best.

In my case, they did not like the papers and rejected me, I went back home, got more papers, came back a few days later, and got an official denied, which has haunted me ever since.

I was hoping there's some way to reverse this by showing that I have no intent to move / illegally immigrate to the US.

It's true that you don't need to have the the H1B before you arrive at a port of entry, but you DO need an approved I-129 and letter of employment from your sponsoring employer if you expect to have the visa issued at the border. Did you have these? Why, specifically, was your H1B denied?

Also, when did you get your NEXUS card? Was it before or after you were flagged?

[bd_001 0]

Yes, did have letter of employment as well as all my education papers, references and everything related to the H1 visa.

No pre-approval required for the position I was applying for, it was just show up at the border and that's it.

The first denial was because they said the letter from the employer did not contain enough details for them to classify me into the right category that I was applying for (Systems Engineer).

SO, I came back a few days later with a new letter from the employer - thinking that now it'll all be good. They got mad that I came back and started thinking I was trying to fool them or something, so they denied me again and turned me back to Canada.

I've been back and forth into the US several times since, as a visitor, no problems, except I go thru secondary inspection every time. REALLY annoying!

And yes, I had my nexus card before this whole thing happened. Do you think they wont renew it in the future because of this?

[JimVaPhuong 4,863]

Yes, did have letter of employment as well as all my education papers, references and everything related to the H1 visa.

No pre-approval required for the position I was applying for, it was just show up at the border and that's it.

The first denial was because they said the letter from the employer did not contain enough details for them to classify me into the right category that I was applying for (Systems Engineer).

SO, I came back a few days later with a new letter from the employer - thinking that now it'll all be good. They got mad that I came back and started thinking I was trying to fool them or something, so they denied me again and turned me back to Canada.

I've been back and forth into the US several times since, as a visitor, no problems, except I go thru secondary inspection every time. REALLY annoying!

And yes, I had my nexus card before this whole thing happened. Do you think they wont renew it in the future because of this?

Well, your NEXUS card is obviously not getting you expedited entry now, so it probably won't change things whether it's renewed or not. But, yes, being flagged by CBP probably means it won't be renewed.

You should probably file a Traveler Redress Inquiry to see if you can have the flag cleared from your record. You can also file an FOIA (Freedom of Information Act) request to obtain copies of the information CBP has on file about you, and attempt to correct any erroneous information. Here's the details:

https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=11

[Sc0tt28 26]

Yes, did have letter of employment as well as all my education papers, references and everything related to the H1 visa.

No pre-approval required for the position I was applying for, it was just show up at the border and that's it.

The first denial was because they said the letter from the employer did not contain enough details for them to classify me into the right category that I was applying for (Systems Engineer).

SO, I came back a few days later with a new letter from the employer - thinking that now it'll all be good. They got mad that I came back and started thinking I was trying to fool them or something, so they denied me again and turned me back to Canada.

I've been back and forth into the US several times since, as a visitor, no problems, except I go thru secondary inspection every time. REALLY annoying!

And yes, I had my nexus card before this whole thing happened. Do you think they wont renew it in the future because of this?

Sounds more like a TN visa than an H1.

But anyway, the officer that "flagged" you is the only person that can remove the flag.

[JimVaPhuong 4,863]

Sounds more like a TN visa than an H1.

Canadians don't need an actual visa in their passport for many types of non-immigrant visas. They can just bring their completed documents to the border entry post, and have it adjudicated on the spot. Exceptions that require a consulate issued visa are E, K, V, A, and G visa applicants.

http://www.consular.canada.usembassy.gov/exceptions.asp

But anyway, the officer that "flagged" you is the only person that can remove the flag.

This may be true if you're trying to resolve the issue at the same border post, but you can also address it directly with CBP through the link I cited in my previous post. The DHS TRIP (Traveler Redress Inquiry Program) program was designed specifically for this purpose. If the officer that flagged you was the only option, then you'd be screwed if that officer quit or was reassigned.

[bd_001 0]

Sorry, I made a mistake on the post.. it was a TN visa.. not a H1.

I have submitted the REDRESS inquiry, hoping it will help at all, thank you guys for the assistance.

Is there any chance this flag will only sit on my record for a year? Or is it always the minimum 5 years?

[CONCRETE 0]

I been told once. at the border you can request to speak with a Supervisor or someone with a higher rank that an agent. An they can actually removed the flagged if you show evidence of your current job. with letter from eployeer and paystubs.

Good luck

[INFAMOUS 0]

I was going to say.. this was totally for a TN visa. In any case, you should have seen a NAFTA specialist instead of relying on the officer. They don't always know all the information. I had to see a specialist on my last TN Application I did last weekend. Not sure if you'll be able to get off that list... They are pretty strict.

[Jack109 0]

BD_001,

I am looking at being in your boat.I have just posted my experience last week where the officer felt that my job description was not a good match for TN application and asked me to come back.I was not finger printed or photo graphed.I have been going to the US for the last 10 years without any issues.I plan to go to the border this week with a new job desciption as that is what the officer told me.

Is it possible that they have my ealrier job letter and deny me a TN this time.If you used the same POE did you get the same officer?Did the new officer give you a hard time based on the earlier attempt?

Thanks,

Jack109