TN visa renewal, where?

TeresaN

New Member
I am in Southern California and my working visa have been expired since 3/2015. I haven work since then I had to applied for CGFNS and just received it and the letter from employer
Now I have to go apply for it, can I go to U.S./Mexico border or Canadian boarder because I am Canadian?
My status is visitor for 180 days start last March,
 
if there's anything involved with the border, you can go to any POE (whether its land/sea/air) ... do read some of the prior threads on the forums though...experts have recommended calling the border ahead of time (if you are going to US/mexico border) to ensure they can process your case/application
 
Just to correct Mister's statement, you can enter US at any POE and get TN. Remember, POEs are accessible from within US for various purposes (import/export, duty payment etc) but for an entry status I-94, one must be entering US.
As HM sez, one should call the Mexican POEs before going.
 
thanks for correcting Nelsona.
Hi Nelsona
Thanks for your answer
After I was looking at my paper, I realized I was on I 765 until 3/27, and on 3/26 I re applied and was denied
I need a TN visa I -94, I am still in the country but didn't work since 3/27 because my I 765 have been expired.
I exited Canada on the 3/17 by land and came back same day.
I have all the documents for the TN visa application, I need to go to a POE, because I am Canadian I wonder if boarde of Mexico could be ok
I tried to make an appointment but phone number on Internet give me other phone number and I was not able to talk to someone in the last 3 days.
I have an appointment tomorrow at one of the uscic office in Imperial and I will ask if they can help, guide me.
I have been to Calexico boarder x2 and they said I am in the wrong place, it was very scary for me to be there, white femal alone in that POE.
Thanks for your pressious time
 
2 questions:
What status were you in that allowed you to have an I-765, and why were you not able to renew it?
what status did you enter US on 3/17?
The office won't be able to help you other than to tell you what border crossings to go to. Maybe they will call for you, but I doubt it.
 
2 questions:
What status were you in that allowed you to have an I-765, and why were you not able to renew it?
what status did you enter US on 3/17?
The office won't be able to help you other than to tell you what border crossings to go to. Maybe they will call for you, but I doubt it.
Thanks to get me back,
I just got back from us is office in Imperial CA and they told me to go to any POE with the proper documents
They suggest SanY
 
Sorry I didn't finish my sentence.USCIS in Imperial office CA suggest to go at POE SanYsidro or Otay Mesa CA and talk to the supervisor,
My status before the I765 expIred !my attorney said your i140 is pending and 1 1/2year later I was worried and decide to hire another attorney. Then I received the i765 via mail but now it is expired.
I consider myself on visitor visa since 3/27/2015 for 180 days, I didn't work.
The office in USCIS would not call make an appoitment for me, I was received very nicely at that office.
Tomorrow another day, I will go at the POE walking and keep my vehicle on the U.S. Side.i am just scare to not get back in U.S. And they would keep me on the other side.
Stay tune, thanks again
 
On the 3/17 I didn't received a paper saying I am on any status,
I just know visitor status cannot stay more than 180 days,
On the 3/26 one day before my I 765 expired, another one was submit and denied on the 4/20/15
Reason; title 8 code of Federal Regulations part 274a.12 c 9 state in pertinent part.
 
So, you see mto have trouble answering my questions.
I asked what STATUS you had while you were using EAD. One does not simply get EAD, they get it based on a status, like L2, J2 or I-485 pending. That was my question. An EAD is not an entry status, it is a work authorization. Since you quoted 274a.12 (c)(9), I assume you had submitted an I-485. What is the current progress of that application. Was it cancelled or denied (thus denying EAD)?

And one does not "consider oneself" in a particaulr status. They must enter US and the officer determines your status. if you had an I-485 pending, you were not eligible for tourist entry, and you may not be eligible for TN either. if you entered on one status (the one that permitted you EAD), and that status is now dead, you are out of status, you don't revert to another status. You would have needed to leave US and re-enter requesting visitor status.
So, before going any further:
1. What status/process did you have that allowed you to get your original EAD? (EAD is not a status)
2. What happened to that status/process so that you were no longer allowed an EAD?
3. When was the last time you entered US, and what status did you use to enter? (EAD is not a status). What was stamped in your passport on that last entry.
 
Thanks to reply
When I entered from Us/ Canada border on 3/15/2015 (exit in/out same day)they didn't stamp my passport and didn't give me any paper or I-94
They didn't accept my application of TN visa because my visa screen CGFNS was expired and they said I have to get in order to get my TN visa. I did and received my visa screen CGFNS by mail in my us address 2 weeks ago.
It looks like I have no status , attorney from immigration said I am consider visitor status from that date for 180 days .
I am confus , I will let you know what happen at the border today during my visit if I will be deny . I have all the documents need but it is matter of my status !
Thanks again
Stay tune
 
I agree that, if they did not stamnp you witha status or departre date, you are in B2 tourist state and can stay in US for 180 days in that status.
You still ahven't told me how you got your EAD in the first place. It makes a difference, as they could say that you had intentions to immigrate and deny you TN.

What has happened with your I-140 process?
 
I don't have a status but it could be a visitor status after my visa expired 3/27, don't know
I when to Canada one day on the 3/15/2015 via land Lynden WA and I applied for a TN visa and they said a document missing, CGFNS. They let me in and they didn't stamp my passport,
I received the EAD via mail from my attorney tried to get me the I 140 and it was denied,
I don't know much about immigration and this is why I have spend 30 000 to pay a professional to do my paper work, but I realize the work is not done like it should.
I am just back from POE SanYsidor CA and they refuse my application for my TN visa because not date of start and end on my employment letter and the letter was not address to me it was address to officer border patrol.
They saw I was denied x2 for a I 140-reason, prevailing wage was not received or given to immigration.
One more think is, they said you have been here for 9 years and not received yet your permanent resincy, something is wrong and we are not comfortable to give you a TN visa.
Recommendation: you should apply for a H1B with USCIS, and communicate this to your attorney.

They also said, we can retain you and deport you to your country

I think at this point I exhaust my option, I will get prepare to move back to my country
I can try again at the us/Canadian border with a better letter from employment but ready to have another denies

Thanks for your time again,
 
Yes, it is quite clear that you do not know much about your process, and that has proabably resulted in you getting poor legal counsel. I'm afraid your US career is probably over for awhile.

I would not attempt any futher TN requsts at the mexican border as you will likely be stuck there. If you do try again, perhaps after living in canada for as while, do it at a Cdn border.

I assume you are a nurse, since you needed CGFNS. Nurses are not eligible for H1-B, and that would be a lottery next April for a job in October 2016.
 
Reason why client use Immigration attorney and paid them good money , they should be expert and get everything straight forward.I don't know much about immigration. I am filling a complain with The State Bar of California toward attorney I used, all the money I gave and no follow up with my case for the last several year
Thanks for your time again and the info you gave to me ,it was very helpful
 
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