Consulting work in the US; tips?

[CLIFFORD ILKAY]

On Tuesday 24 July 2007 15:04, John Van Ostrand wrote:
> On Tue, 2007-07-24 at 14:33 -0400, CLIFFORD ILKAY wrote:
> > That advice was was worth exactly what you paid for it, nothing.
>
> Careful that's the same price she's paying for yours too.

... which is why I suggested she consult an immigration lawyer.

> > That
> > you and some of your friends may have gotten away with lying does
> > not make it a good idea. You just have not been caught yet.
>
> Actually I know of many people who do, all for very short
> engagements, up to a few days. I know of nobody who has been
> caught.

Anecdotal evidence claiming that people get away with lying does not 
make it safe or lawful.

> > Oh what a tangled web we weave... Now you are relying on other
> > people to lie so that you do not have to be inconvenienced.
>
> Customs processes lots of people every hour and just don't have
> time to check up on everything. It is only important to be able to
> answer their questions well. "Where are you going, where are you
> staying, how long are you staying, what's the purpose of your
> visit, what profession are you in, who are you visiting and why,
> etc."

It is also important to answer those questions truthfully.

> > When you present yourself at a U.S. border crossing and make a
> > declaration, you are already on American soil and are subject to
> > American laws. If things go sideways, you cannot say, "Oh, I
> > changed my mind. I will just turn around and head back to
> > Canada." You will be detained if the border police suspects you
> > are not telling the truth. At that point, the border police can
> > search anything they want, your personal effects, your computer,
> > your vehicle. All it takes is for one scrap of evidence that
> > contradicts your story, such as an email between you and the
> > American employer where you collude to deceive, for the whole
> > house of cards to come tumbling down.
>
> You should also be aware that customs can detain you for just about
> any reason, perform body cavity search and ship you off to Gitmo
> without trial or send you back to a different country even if you
> have the proper documentation.
>
> FUD. Both are potential outcomes and both are very unlikely. I
> suspect that thousands (tens of 000's) of people pass the border
> every day without a B1 or TN, perform their work and go back home
> without incident. I also suspect that during the same day nobody is
> prosecuted for lying about this type of thing.

What other people may or may not do is immaterial. It may very well be 
true that the probability of getting caught is low but the 
consequences can be quite severe if you are. You have to ask yourself 
if it is worth it to be barred from entry to the U.S. over a three 
day contract.

> Now I also suspect these are professionals whose name does not
> appear on DNF lists, and are not racially profiled and are not
> guilty looking.

You do not have to be any of those things. They pick people for closer 
scrutiny at random too.

> Madison, it's really up to you and I think you are best to obtain a
> TN because being legit is the best way to avoid issues. However,
> keep in mind that Clifford's comments do not represent the outcome
> of the majority of business travelers who find it necessary or
> convenient to lie about the purpose of their trip.
>
> I am curious to know about the process of obtaining a TN. I don't
> know anyone who has bothered with it. It's simply been too easy and
> uneventful to lie. I've assumed it was a lengthy overcomplicated
> ordeal. If I found out it was simple and quick I would certainly
> offer it as a valid option to those that need it and I would warm
> up to Clifford's insistence.

Applying and getting a TN is not difficult provided you have good 
documentation. I have had at least six of them and the only time I 
was refused entry was the first time and that was only because I was 
not prepared with a backup plan. Since that first time, I have always 
been able to obtain one on the spot with no more than 90 minutes 
spent at the airport. The cost is, or was last time I got one if I 
recall correctly, US$50.

Getting a B-1 is even easier because you do not have to provide 
evidence of education or expertise related to the field of endeavour. 
All you have to do is to establish that you are providing support or 
training for a Canadian made system sold to an American client. There 
is no cost for a B-1.
-- 
Regards,

Clifford Ilkay
Dinamis Corporation
3266 Yonge Street, Suite 1419
Toronto, ON
Canada  M4N 3P6

<http://dinamis.com>
+1 416-410-3326
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