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Originally Posted by flyquiet
(Post 21100356)
:D
I love when the officers say "theoretically it should ..." If the people with official access to information rely on us to confirm or deny their system performance, we are flying into a headwind! |
Do you have to go into the enrollment center if you got the passport updated in a US Global Entry Enrollment Center?
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You update your passport online of GEOS site
Login and change, pretty simple |
Hopefully that's true some people say NEXUS machines will reject you if you haven't updated the passport in person in one of their offices
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Originally Posted by slickvik
(Post 21101200)
Hopefully that's true some people say NEXUS machines will reject you if you haven't updated the passport in person in one of their offices
http://www.cbsa-asfc.gc.ca/prog/nexu...nnees-eng.html |
Originally Posted by canadiancow
(Post 21100819)
I am not a US resident, nor have I ever claimed to be one.
And again, the proof is in my NEXUS record. The NEXUS program rules are clear. Always have your visa, ergo passport, with you, when using NEXUS. |
Originally Posted by canadiancow
(Post 21100819)
I am not a US resident, nor have I ever claimed to be one.
And again, the proof is in my NEXUS record. |
Originally Posted by Kiraly
(Post 21101301)
You told CBP that you lived in the US. That's what "resident" means; where you live. You may not be a permanent resident, but temporary resident counts as resident nonetheless. I'm not being pedantic, these definitions matter; as you have found out.
The NEXUS program rules are clear. Always have your visa, ergo passport, with you, when using NEXUS.
Originally Posted by xero9
(Post 21101315)
We get that you're a Canadian citizen, but by living/working in San Fransisco, please explain how you are not a resident of the US?
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Originally Posted by canadiancow
(Post 21097805)
I should clarify.
TN was not part of this. The questioning arose because he asked us where we live. My friend said Saskatchewan, and I said San Francisco. The CBP officer seemed irritated that a Canadian citizen claimed to live in SFO, and wanted proof that I was allowed to do that, even though it had nothing to do with my current trip. Don't start messing around with the CPB officers on technicalities, just play along with the game. If you get someone who's in a pissy mood or on a power trip and feels you're a little too cocky or feels you're questioning their decision process you could have a very long wait while your "file is reviewed" or you may even be denied entry - even if you have a valid TN status. This happened to a colleague a few years ago and she had to go through the whole TN application process again. The CPB officers have final say on anyone entering the country and in most cases there is no appeal process to their decision. Remember, you are a guest of the USA at their discretion. When I had my H1-B and would go to Canada for summer & winter vacations I would occasionally make day or weekend trips to the US, on a couple of occasions I still had to provide documentation that I was permitted to live in the US and my H1-B was valid - it was a 1 page document from the USCIS - I always kept a copy with me during travels. |
Originally Posted by jaysona
(Post 21102181)
All entries into the US are the concern of CPB - regardless of the purpose. You mentioned you lived in the US, the CPB officer decided to validate that you are entitled to live (temporarily in this case) in the US, you need to be prepared to supply all supporting documentation to support what you stated - that you live in the US.
Don't start messing around with the CPB officers on technicalities, just play along with the game. If you get someone who's in a pissy mood or on a power trip and feels you're a little too cocky or feels you're questioning their decision process you could have a very long wait while your "file is reviewed" or you may even be denied entry - even if you have a valid TN status. This happened to a colleague a few years ago and she had to go through the whole TN application process again. The CPB officers have final say on anyone entering the country and in most cases there is no appeal process to their decision. Remember, you are a guest of the USA at their discretion. When I had my H1-B and would go to Canada for summer & winter vacations I would occasionally make day or weekend trips to the US, on a couple of occasions I still had to provide documentation that I was permitted to live in the US and my H1-B was valid - it was a 1 page document from the USCIS - I always kept a copy with me during travels. And paper can be forged easily. The record in the computer would take a lot more effort. |
Originally Posted by canadiancow
(Post 21102439)
I agree with all that. I carry my passport, and I presented it when asked. But his attitude was like "get out of my county".
And paper can be forged easily. The record in the computer would take a lot more effort. |
From https://help.cbp.gov/app/answers/det.../619/related/1
"The burden of proof that the Canadian citizen is not an intended immigrant (plans to make the U.S. their primary residence) is always on the applicant. There is no set period of time Canadians must wait to reenter the U.S. after the end of their stay, but if it appears to the CBP Officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents. One of the ways to do this is demonstrate significant ties to their home country, including proof of employment, residency, etc." As such, it seems that a person who is on a non-immigrant visa like TN or a student/temporary worker visa who vacations "back home" and pops over to the USA for a quick outing could raise flags related to substantial presence in the US. Presenting the visa paperwork allays this as it justifies that presence.When I had the H1B for three years, each time I would cross the border (at least monthly to see the hairdresser!) I would pull up to the border booth, open the passport to the I94 and say "this is me", cutting to the chase and anticipating what they needed, and I rarely ever had any questions. Except once I married my American, then they were all up in my face about why I was NOT applying for spousal sponsorship for green card. (Because I can't wait to move back to Canada, that's why!!) I completely agree that eagle-badge man and eagle-badge lady can be unwelcoming to the point of hostility. But I guess it's not their job to be welcoming. |
Originally Posted by canadiancow
(Post 21097805)
I am a Canadian citizen, working in SFO on TN status.
On Friday, I flew SFO-YVR to begin a vacation. On Saturday, I drove YVR-SEA as part of that vacation, entering the US on what I presume is a B2 (pleasure visitor) visa. TN was not part of this. The questioning arose because he asked us where we live. My friend said Saskatchewan, and I said San Francisco. The CBP officer seemed irritated that a Canadian citizen claimed to live in SFO, and wanted proof that I was allowed to do that, even though it had nothing to do with my current trip.
Originally Posted by flyquiet
(Post 21098891)
I don't think you're on a B2*. I think you are on the TN, because it has not expired or been cancelled. Just because you're not at work that day or travelling for work purposes, you're still on the visa and it accounts for your place of residence. I think it is travelling with a Canadian resident and/or in a car with Canadian plates that starts the confusion. I believe they think there should be no fraternization of citizens.
If you want to enter the US on a B2, you should probably return the I-94 to the gate agent when you fly to Canada, enter on a B2 when you drive to the US, and then get a new TN (with all of the necessary paperwork) when you reenter the next time. Back when I lived in the US on a work permit, I always carried my passport and I-94 with me. Over the course of ~6 land crossings in the NEXUS lane, I think that I was asked for my passport every time except one. (On one occasion, I asked a CBP agent about the "official" policy. He said that I could cross with just my NEXUS card and I-94. I never tried that; I could only imagine what the CBP officer's reaction would be if he saw an I-94 not stapled into a passport. :rolleyes: ) Bottom line: As NEXUS participants, we are required to carry any necessary additional documents with us (such as an I-94) whenever we cross, and it's best to appease the CBP agents to make the process as painless as possible. |
So I'm in the YVR transborder lounge right now. I looked like a mess going through customs (came from the beach, and didn't realize how bad it was until I was in the lounge shower, looking in the mirror :p).
Last time I crossed here, I used the NEXUS card in the GE machine, and handed over the two printouts (one with my face, the other is an I94), my boarding pass, and my NEXUS card. The officer accepted that. Today, he wanted my passport (which I happily handed over). However, I'm not even sure he believed me when I mentioned the GE machine accepted my NEXUS card. He said he had never heard of it, and the GE machine only works with a passport. I guess that's my other issue - the inconsistency. Some officers are really nice, others want you to leave. Some officers accept one form of documentation, others demand something else. I've read stories here of demands to see NEXUS cards (although I've never had that happen), so it goes both ways. jaysona, that's a fair statement about having the documentation to prove it. And the fact is that I do have the documentation. I always have it. It's just inconsistent about whether they want to see it on any given day. |
Originally Posted by backguy
(Post 21103372)
I agree with flyquiet. You're technically on a TN status until you surrender the I-94 or it expires, regardless of the reason you enter the country.
If you want to enter the US on a B2, you should probably return the I-94 to the gate agent when you fly to Canada, enter on a B2 when you drive to the US, and then get a new TN (with all of the necessary paperwork) when you reenter the next time. Immigration is confusing :p I've accepted that they're always going to want my passport now (which is fine). But I can live without the "WHAT THE HECK ARE YOU DOING LIVING IN SAN FRANCISCO IF YOU'RE CANADIAN" attitude. |
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