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你的情况和这个很象,都是不合理的拒签

本文发表在 rolia.net 枫下论坛U.S. border guards bar skilled Canadian from his job
Technician says increased protectionism at U.S. border is unfair
Last Updated: Monday, March 31, 2008 | 9:31 PM ET Comments130Recommend323CBC News
A highly skilled Canadian telecommunications specialist who worked in Utah for more than a decade has suddenly been denied entry into the U.S. in a case he and others say highlights the increasing difficulties Canadians are facing at the American border.


In a B.C. motel where he is now staying, Kevin Gibbons, right, shows Go Public reporter Kathy Tomlinson his numerous job qualifications and visas, which he says are not good enough for U.S. border guards.
(CBC)
"Is there a war going on [at] the border that we don't know about?" Kevin Gibbons asks. "Why are Canadians getting hassled so much right now?"

Gibbons is devastated because, he said, for the first time in his life, he's looking for a job and a new home — thanks to the discretion of U.S. border guards.

"I still can't believe that this can happen. They can take your life and trash it," said Gibbons.

Need to 'protect American job market'
A spokesperson for U.S. Customs and Border protection said there is an increased demand on border guards to be very thorough with NAFTA applicants.

"We do have a commitment at the border to protect the American job market," said Jan Pete of Customs and Border Protection in Blaine, Wash.


Jan Pete, of U.S. Customs and Border Protection in Blaine, Wash., says new technology is causing U.S. border guards to exercise increased scrutiny.
(CBC)
"While this (NAFTA visa) is a benefit that's available to Canadians and we have an obligation to see that they get that benefit — we also have an obligation to make sure that we only allow those people in that should be allowed in," Pete said.

Gibbons was recruited by a large U.S. company in 1995, to work as a scientific technician for their Salt Lake City office. He was granted a work visa issued to non-immigrant NAFTA professionals, known as a TN Visa. Gibbons said his company's law firm also secured a permanent waiver, which he needed because of a marijuana possession conviction he received as a teenager.

Over the next 12 years, Gibbons said he acquired several U.S. security clearances and built a highly successful career.

"I worked for the airport communications systems," Gibbons said. "I installed a 911 system by myself down there. I have worked on their infrastructure and I have probably done more than most of the American citizens have to build their infrastructure."

Gibbons and his wife Heather bought a home in Utah. Their daughter married an American serviceman and they now have two U.S.-born grandchildren.


Kevin Gibbons and his wife Heather say overzealous U.S. border guards have forced them to leave everything behind in Utah, including a newborn grandson.
(CBC)
Barred from his job, U.S. home
In July 2007, the family came back to Canada to visit relatives. Gibbons said he was shocked when U.S. border guards denied him re-entry, despite his valid work visa.

"I was stunned," Gibbons said. "They pretty much just slammed the door on me and said you can't go home."

Gibbons said he was told he needed to get a new waiver for his 30-year-old marijuana conviction. He turned his family around and spent four months in Canada, applying for and getting the waiver, while his company kept his job for him.

His dilemma worsened when he tried to go home again. A new U.S. border guard refused to allow him in, despite the new waiver, because, Gibbons said, the guard decided Gibbons suddenly wasn't qualified for his job or his visa.


'[A U.S. border guard] took my credentials, put them aside and told me they were garbage.'
— Kevin Gibbons"He took my credentials, put them aside and told me they were garbage. I was told they were of no use for the classification that I was seeking that I had had for 13 years," said Gibbons. "It was a discretionary call on his part and I was just trying to follow the rules."

Gibbons said he was told, for a NAFTA visa, he now needed a university degree. He said his impression was the border guards thought he was trying to steal a job from an American, when in fact, he said, his company can't find a qualified American to take his place.

"It was a specialized field that I had a passion for," he said. "This experience has almost torn the life out of me."

Pete confirmed applicants under categories like scientific technician face more scrutiny because they don't need to have a university degree.

"They are difficult to adjudicate and difficult for people to provide the documentation to support that they are qualified for the job," said Pete.

Gibbons said he was allowed to travel back to Utah, temporarily, to sell his home — at a huge loss — and collect the family belongings. Since coming back to Canada, he's tried to cross again, unsuccessfully, at other ports of entry — because his U.S. employer still wants him back. Gibbons said, each time, he was made to feel more and more like a criminal.


NAFTA visa applicants should be prepared for tough scrutiny at the U.S. border, says Vancouver lawyer David Andersson.
(CBC)
"They (Customs and Border Protection) then accused me of border shopping and said they were going to put me in jail over the weekend up in front of an immigration judge," said Gibbons.

That threat was enough to scare the Gibbons family away from the border permanently.

"It feels like we must have done something really horrible, the way they treat you," said Gibbon's wife Heather.

Family forced to start over
The family is in Nanaimo, B.C., living out of suitcases, while Gibbons looks for work. He estimates the ordeal has cost them $100,000 in lost wages and home equity. What's worse, Gibbons said, the couple has have a grandson — born in Utah in December — that they haven't seen because they are too afraid to risk crossing again.

"The hardest parts for me is that the punishment has been taken out on my family as well and they don't deserve it," said Gibbons. "We had a life there and it was a good life and when it is taken from you for no reason, it is so traumatic."


'The border has become a harder place.'
— Vancouver lawyer David Andersson"The stakes are higher when you show up at a port of entry," said David Andersson, a Vancouver lawyer who specializes in helping clients get U.S. visas. "The border has become a harder place."

Andersson said three NAFTA categories have become increasingly problematic: scientific technician — which was Gibbons's category — computer systems analyst and management consultant.

"You fall into what a friend of mine who is a border guard has affectionately called the fraud funnel," Andersson said. "There is a predisposition to give your immigration application a really good kick because there are people who do abuse those categories."

"I wouldn't say there's more deliberate fraud," said Pete. "I would say sometimes the employer is uninformed."

Pete said several recruits who have been allowed entry in the past are now being refused.

"The new technology that we have ever since 9-11 and the increased demand on the officers to make sure that there are no errors in the people they admit to the United States encourage them to be very thorough," said Pete. "They review documentation very thoroughly and they take each case very seriously."

Many more Canadians barred
Andersson said, the consequences for Canadians who try to cross multiple times are much more serious than before 9-11. Applicants can now be barred from the U.S. for five years, possibly for life, for trying to cross too many times without proper documents. Andersson said he knew of only a dozen such cases in the Seattle area in 2000, but that number shot up to some 300 Canadians barred last year, in the Seattle area alone.

"For the 300 who receive the (deportation) orders, it's devastating, absolutely devastating. And to repair yourself legally after you've been deported from the United States is expensive, time-consuming, and for the people it can be heart-wrenching," said Andersson.

His advice to NAFTA visa applicants is to do everything possible to make sure all paperwork is in order before trying to cross the first time.

That advice means little to Kevin Gibbons, though. His company provided a lawyer who told him his visa was in order.

"We've tried to do everything right and they've made the hoop smaller every time," said Gibbons.更多精彩文章及讨论,请光临枫下论坛 rolia.net
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Replies, comments and Discussions:

  • 枫下茶话 / 美国话题 / TN 被拒签 - 请教
    今天去Rainbow Bridge申请TN, 被拒签。原因是我只有国内的计算机大专文凭(Diploma),也有UofT的认证,但是签证官说,如果是Diploma必须是官方认可的加拿大和美国的学校,中国的不行. 即使UofT的评估说相当于这里的Diploma也不行。
    郁闷,我该怎么办? 谢谢先。
    • 同问。帮顶。
    • 中国大专学历理论上是没问题的,但是目前美国经济不景气,失业率上升,边境警察会对TN申请严加审查。
      • 有没有问题,看看官方的解释:
        3 "Post-Secondary Diploma" means a credential issued, on completion of two or more years of postsecondary education, by an accredited academic institution in Canada or the United States.
    • 你的情况和这个很象,都是不合理的拒签
      本文发表在 rolia.net 枫下论坛U.S. border guards bar skilled Canadian from his job
      Technician says increased protectionism at U.S. border is unfair
      Last Updated: Monday, March 31, 2008 | 9:31 PM ET Comments130Recommend323CBC News
      A highly skilled Canadian telecommunications specialist who worked in Utah for more than a decade has suddenly been denied entry into the U.S. in a case he and others say highlights the increasing difficulties Canadians are facing at the American border.


      In a B.C. motel where he is now staying, Kevin Gibbons, right, shows Go Public reporter Kathy Tomlinson his numerous job qualifications and visas, which he says are not good enough for U.S. border guards.
      (CBC)
      "Is there a war going on [at] the border that we don't know about?" Kevin Gibbons asks. "Why are Canadians getting hassled so much right now?"

      Gibbons is devastated because, he said, for the first time in his life, he's looking for a job and a new home — thanks to the discretion of U.S. border guards.

      "I still can't believe that this can happen. They can take your life and trash it," said Gibbons.

      Need to 'protect American job market'
      A spokesperson for U.S. Customs and Border protection said there is an increased demand on border guards to be very thorough with NAFTA applicants.

      "We do have a commitment at the border to protect the American job market," said Jan Pete of Customs and Border Protection in Blaine, Wash.


      Jan Pete, of U.S. Customs and Border Protection in Blaine, Wash., says new technology is causing U.S. border guards to exercise increased scrutiny.
      (CBC)
      "While this (NAFTA visa) is a benefit that's available to Canadians and we have an obligation to see that they get that benefit — we also have an obligation to make sure that we only allow those people in that should be allowed in," Pete said.

      Gibbons was recruited by a large U.S. company in 1995, to work as a scientific technician for their Salt Lake City office. He was granted a work visa issued to non-immigrant NAFTA professionals, known as a TN Visa. Gibbons said his company's law firm also secured a permanent waiver, which he needed because of a marijuana possession conviction he received as a teenager.

      Over the next 12 years, Gibbons said he acquired several U.S. security clearances and built a highly successful career.

      "I worked for the airport communications systems," Gibbons said. "I installed a 911 system by myself down there. I have worked on their infrastructure and I have probably done more than most of the American citizens have to build their infrastructure."

      Gibbons and his wife Heather bought a home in Utah. Their daughter married an American serviceman and they now have two U.S.-born grandchildren.


      Kevin Gibbons and his wife Heather say overzealous U.S. border guards have forced them to leave everything behind in Utah, including a newborn grandson.
      (CBC)
      Barred from his job, U.S. home
      In July 2007, the family came back to Canada to visit relatives. Gibbons said he was shocked when U.S. border guards denied him re-entry, despite his valid work visa.

      "I was stunned," Gibbons said. "They pretty much just slammed the door on me and said you can't go home."

      Gibbons said he was told he needed to get a new waiver for his 30-year-old marijuana conviction. He turned his family around and spent four months in Canada, applying for and getting the waiver, while his company kept his job for him.

      His dilemma worsened when he tried to go home again. A new U.S. border guard refused to allow him in, despite the new waiver, because, Gibbons said, the guard decided Gibbons suddenly wasn't qualified for his job or his visa.


      '[A U.S. border guard] took my credentials, put them aside and told me they were garbage.'
      — Kevin Gibbons"He took my credentials, put them aside and told me they were garbage. I was told they were of no use for the classification that I was seeking that I had had for 13 years," said Gibbons. "It was a discretionary call on his part and I was just trying to follow the rules."

      Gibbons said he was told, for a NAFTA visa, he now needed a university degree. He said his impression was the border guards thought he was trying to steal a job from an American, when in fact, he said, his company can't find a qualified American to take his place.

      "It was a specialized field that I had a passion for," he said. "This experience has almost torn the life out of me."

      Pete confirmed applicants under categories like scientific technician face more scrutiny because they don't need to have a university degree.

      "They are difficult to adjudicate and difficult for people to provide the documentation to support that they are qualified for the job," said Pete.

      Gibbons said he was allowed to travel back to Utah, temporarily, to sell his home — at a huge loss — and collect the family belongings. Since coming back to Canada, he's tried to cross again, unsuccessfully, at other ports of entry — because his U.S. employer still wants him back. Gibbons said, each time, he was made to feel more and more like a criminal.


      NAFTA visa applicants should be prepared for tough scrutiny at the U.S. border, says Vancouver lawyer David Andersson.
      (CBC)
      "They (Customs and Border Protection) then accused me of border shopping and said they were going to put me in jail over the weekend up in front of an immigration judge," said Gibbons.

      That threat was enough to scare the Gibbons family away from the border permanently.

      "It feels like we must have done something really horrible, the way they treat you," said Gibbon's wife Heather.

      Family forced to start over
      The family is in Nanaimo, B.C., living out of suitcases, while Gibbons looks for work. He estimates the ordeal has cost them $100,000 in lost wages and home equity. What's worse, Gibbons said, the couple has have a grandson — born in Utah in December — that they haven't seen because they are too afraid to risk crossing again.

      "The hardest parts for me is that the punishment has been taken out on my family as well and they don't deserve it," said Gibbons. "We had a life there and it was a good life and when it is taken from you for no reason, it is so traumatic."


      'The border has become a harder place.'
      — Vancouver lawyer David Andersson"The stakes are higher when you show up at a port of entry," said David Andersson, a Vancouver lawyer who specializes in helping clients get U.S. visas. "The border has become a harder place."

      Andersson said three NAFTA categories have become increasingly problematic: scientific technician — which was Gibbons's category — computer systems analyst and management consultant.

      "You fall into what a friend of mine who is a border guard has affectionately called the fraud funnel," Andersson said. "There is a predisposition to give your immigration application a really good kick because there are people who do abuse those categories."

      "I wouldn't say there's more deliberate fraud," said Pete. "I would say sometimes the employer is uninformed."

      Pete said several recruits who have been allowed entry in the past are now being refused.

      "The new technology that we have ever since 9-11 and the increased demand on the officers to make sure that there are no errors in the people they admit to the United States encourage them to be very thorough," said Pete. "They review documentation very thoroughly and they take each case very seriously."

      Many more Canadians barred
      Andersson said, the consequences for Canadians who try to cross multiple times are much more serious than before 9-11. Applicants can now be barred from the U.S. for five years, possibly for life, for trying to cross too many times without proper documents. Andersson said he knew of only a dozen such cases in the Seattle area in 2000, but that number shot up to some 300 Canadians barred last year, in the Seattle area alone.

      "For the 300 who receive the (deportation) orders, it's devastating, absolutely devastating. And to repair yourself legally after you've been deported from the United States is expensive, time-consuming, and for the people it can be heart-wrenching," said Andersson.

      His advice to NAFTA visa applicants is to do everything possible to make sure all paperwork is in order before trying to cross the first time.

      That advice means little to Kevin Gibbons, though. His company provided a lawyer who told him his visa was in order.

      "We've tried to do everything right and they've made the hoop smaller every time," said Gibbons.更多精彩文章及讨论,请光临枫下论坛 rolia.net
      • 多年续签TN被锯的主要原因是签证官认为有US establishment 也就是有移民倾向,因为TN是非移民类签证。 -nowwhat(说好不回头); 2006.9.16 09:56
        • 文章里说是他的工作和国防有关,查得特别严,他青少年时期吸大麻的记录影响很多。
    • 学历不够不是可用工作经验顶吗?
    • 两天不来这么多朋友帮顶,感谢先!我现在又怀疑是多大的学历评估有问题,因为:
      多大的评估letter上有这样的描述:我们已经给学历上的×××大学 去信联系了,但是在我们做这个认证之前,没有收到对方的答复。
      但是我们任然认为×× 的学历可以认为是相当于 College Diploma of Canada or US college or institution....

      是不是跟没有联系到我国内的大学有关呀? 我是国内94年从一个不太知名的大学毕业的。但绝对是真学历。

      再次感谢!
      • 我的评估也是这样,不知以后能用吗?
      • 我的评估也是这样。中国的学校一般不给回复。我也不知道他们到学校的哪个部门查,如果知道可以通知学校请他们回复。不知道这样的多大评估会有麻烦吗?
      • 多大写的什么P话呀,从美国律师楼办的公证可从没有这些。
        • 美国律师楼办的公正和这个学校出的同等学历证明不一样.另问,美国律师楼出的公正能用来办TN签证吗?我觉得也得到一个机构去认证。对吗?律师楼出的公正不行。
          • 因签证官而异。大部分YES, 因为签证官不愿意惹(不是惹不起)律师。律师太能矫情,大多数officer也嫌麻烦。
    • 简单:会中国买一套本科学历。
      • 强!现在在大城市还买得到吗?好像刻章,假学历等早不行了
    • TN 不是已经明确说明了要有学士学位吗?不懂?不看文件?