New USCBP TN Filing Policy Change
According to the USCBP Buffalo Field Office, effective August 21, 2017, attorneys will not be allowed in the secondary inspection area of any port-of-entry with their clients. This is apparently a national policy affecting all U.S. port-of-entries. Attorneys may still be able to contact USCBP officers prior to or after the filing of an application to discuss a client’s case, but they are now prohibited from being physically present at the U.S. port-of-entry to advocate for their client during the inspection process. The ramifications of this policy is that immigration attorneys will not be able to accompany a client to the border to represent their clients during the adjudication of a TN visa status application.
While our office may be currently unable to accompany clients to the port-of-entry for the filing of a TN application, we continue to correspond with USCBP officers by phone or email to address any concerns that a port may have with an application. Our services continue to include the drafting of the necessary paperwork for a TN visa application including the employer support letter, a cover letter to USCBP that outlines the case, and supporting research to establish eligibility for the TN. We will also continue to provide a thorough briefing with the applicant before the filing of the application so that he/she is well-prepared to address any questions USCBP may have during the filing of the application.