Deciphering TN Denial Lingo & Effect on Future U.S. Visits
Question: My TN application for TN visa status as a management consultant has been denied and I have been found inadmissable. I do not intend on re-applying. On the back of my passport the officer wrote: 1-275 WD, my file number, followed by VCV and stamped the date. What does the 1-275 WD, the fact that I now have a file #, and VCV mean? Does this affect in any way my future visitor entries?
Answer: The I-275 WD notation means that you were allowed to withdraw your admission to the U.S. This should have been formalized on the I-275 Form, Withdrawal of Application for Admission/Consular Notification. In situations where CBP does not consider a TN applicant admissible, it can offer the TN applicant the opportunity to withdraw the application for admission rather than face the more severe repercussions of inadmissibility such as being placed in expedited removal or being detained for a removal hearing before an immigration judge. The notations on your passport are just to reflect the withdrawal. The VCV should be the code for the port-of-entry / airport where you were denied.
Depending on the reasons you were denied, an I-275 withdrawal can affect your subsequent entries as a visitor. Generally, anytime CBP denies a person admission to the U.S., he or she will be subject to heightened scrutiny the next time they try to enter the U.S. and any reasons for the previous denial will need to be addressed. You should have an immigration attorney review your I-275 Form before you decide to re-apply for admission to the U.S. Going back to the border without a professional review of the alleged grounds of inadmissibility may further aggravate your case or jeopardize your ability to enter the U.S. in the future.
Your next step should involve determining whether you can overcome any alleged grounds of inadmissibility. Then if you want to enter the U.S. as a visitor, you will need to provide substantial proof that you qualify as a visitor under the immigration laws. For example, if you want to enter the U.S. to visit a friend, you’ll need to prove you qualify for B-2 visitor status. To qualify for B-2 visitor status you must prove that:
(1) The purpose of your trip is to enter the U.S. only to engage in legitimate activities of a recreational character such as tourism or to visit with friends or relatives;
(2) You plan to visit for a specific, limited period; and
(3) You have a residence outside the U.S. as well as other binding ties which will insure your departure at the end of the visit.
Evidence that may be presented in support of admission as a B-2 visitor may include: travel or flight itineraries or other evidence proving departure from the U.S.; a copy of a lease agreement, a letter from a landlord, or mortgage documentation evidencing a residence outside the U.S.; an employment contract, a letter from an employer or pay stubs evidencing employment outside the U.S.; bank statements evidencing sufficient funds to cover the expenses for the trip to the U.S.; and copies of utility bills evidencing foreign residence.