TN Status/Visa Renewal Confusion

R

Roberto Cuba

New Member
Hello,

I'm from Mexico currently the US with TN Status. The actual process was fairly pain-free for me but the Visa I was granted was only for 1 year and the expiration is coming up in May. I would like to renew it but I am not clear on what is the relationship between the TN Status and the TN Visa.

Before the TN, I worked for 3 years under G4 status and that was a little clearer for me (unless I am completely wrong, haha). Under the G4, when you get the stamp at the port of entry the duration is specified as 'DS' which apparently stands for 'Duration of Status.' From what I understand, the visa can expire (and in fact I did let it expire once with no issues) and my status as such continued as long as I kept up within the applicable parameters (mainly continued employment by the sponsor company).

However, now with the TN, the stamp has a specific date (3 years from when I entered the country last this past August). I originally thought things were the same and that date was the effective duration of my TN status, but something has made me doubt that.

After receiving my TN status I entered the country in May last year, then for unrelated reasons I had to leave the country for a bit and then I entered again in August. In both situations they gave me a duration 3 years in the future from the date of entry, first to April 2018 and then August 2018. If that is indeed the valid duration of my status, they effectively extended it 4 months. Is that right?

I would like to go back to Mexico and renew my Visa in April, but does that mean renewing my TN status or is my status indeed applicable for the next 3 years?

Whether it is just a Visa renewal or a Status renewal, I'm guessing I need to show documentation of my continued employment, but is there anything else?

Thank you very much for any and all help
 
As with all non-immigrant statuses, the visa (received at consulate abroad) is used along with proof of status (I-94) to ENTER US. Once in US, your visa is of no practical use. It is your status (I-194) which proves you are in US legally.

So, as long as you stay in US, you can renew your status as long as required (by I-129 or I-539 depending on status). Only if you leave US with an expired VISA, do you need to go to a consulate and get a new VISA. the expiry dates don't necessarily coincide

Now, as to why (a) the consulate didn't give you 3 year visa, and (b) why the CBP keeps adding time to your status, that would be a question for the individual who did this, since neither is the correct practice. For (a), their mistake means you need a new visa next time you leave; for (b) their mistake doesn't really give you more TN time. In this case their error doesn't benefit you: you will still need to renew your TN before the TN status expiry date that was granted at time you got TN (may 2018). Double standard yes, but better to be conservative.

In your case, since your visa is indeed expired, next time you leave US (no need to make a special trip) you will need to go to consulate with your I-94. Since there is discrepancy between your original TN date and subsequent I-94s (not your doing), it would be good to bring your original TN docs, along with, as you said, proof of employment.
 
nelsona said:
As with all non-immigrant statuses, the visa (received at consulate abroad) is used along with proof of status (I-94) to ENTER US. Once in US, your visa is of no practical use. It is your status (I-194) which proves you are in US legally.

So, as long as you stay in US, you can renew your status as long as required (by I-129 or I-539 depending on status). Only if you leave US with an expired VISA, do you need to go to a consulate and get a new VISA. the expiry dates don't necessarily coincide

Now, as to why (a) the consulate didn't give you 3 year visa, and (b) why the CBP keeps adding time to your status, that would be a question for the individual who did this, since neither is the correct practice. For (a), their mistake means you need a new visa next time you leave; for (b) their mistake doesn't really give you more TN time. In this case their error doesn't benefit you: you will still need to renew your TN before the TN status expiry date that was granted at time you got TN (may 2018). Double standard yes, but better to be conservative.

In your case, since your visa is indeed expired, next time you leave US (no need to make a special trip) you will need to go to consulate with your I-94. Since there is discrepancy between your original TN date and subsequent I-94s (not your doing), it would be good to bring your original TN docs, along with, as you said, proof of employment.
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Thank you nelsona for your thorough reply.

I guess then I had understood things correctly, it's just that that dat discrepancy really through a wrench in my perception. I have my printout of the electronic I-94 and it does have the latter DS date so I guess I will need to explain that.

My visa is not quite yet expired, but my next planned travel (toward the end of the year) is not back home to Mexico, so I would rather just make a quick trip to Mexico and do the renewal there where I am used to the process.

One last thing, then. Is it your opinion that I should be able to get a 2 year visa (to cover the next 2 years of my status) this time around? If so, how can I make sure? When I went through the process for the TN they just said I was approved, took my passport and details for delivery and it was only when I had it back that I saw that it was only for 1 year.

Thank you again so much for your help.
 
I don't know why you only got one year. I would show them the current I-94 and ask for a TN visa that coincides with its expiry.
 
From the visa reciprocity schedule entry for Mexico, TN visas for Mexican citizens are supposed to have a validity of 1 year. There is nothing wrong with that.

You are right that the visa's expiration is irrelevant to your stay in the US; it's your status (limited by the I-94) that matters. So you do not need to get a new visa unless you leave the US after the visa expires. (And even if you need to leave and re-enter the US after the visa's expiration, you might not need to get a new visa, because after a trip of less than 30 days to Mexico, you can re-enter the US on "automatic revalidation" even if your US visa is expired, as long as your previous I-94 period is still valid, and you will be admitted for the remainder of your I-94 period.)

People entering on TN status are normally given 3 years on their I-94. So there is nothing unusual about what you got. When you re-enter afterwards, you usually get the remaining period of your previous I-94. But is it also possible for you when re-entering, to apply for a new 3-year period with the employer letter, etc. just like on your initial entry. I think this is what happened.
 
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newacct said:
From the visa reciprocity schedule entry for Mexico, TN visas for Mexican citizens are supposed to have a validity of 1 year. There is nothing wrong with that.

You are right that the visa's expiration is irrelevant to your stay in the US; it's your status (limited by the I-94) that matters. So you do not need to get a new visa unless you leave the US after the visa expires. (And even if you need to leave and re-enter the US after the visa's expiration, you might not need to get a new visa, because after a trip of less than 30 days to Mexico, you can re-enter the US on "automatic revalidation" even if your US visa is expired, as long as your previous I-94 period is still valid, and you will be admitted for the remainder of your I-94 period.)

People entering on TN status are normally given 3 years on their I-94. So there is nothing unusual about what you got. When you re-enter afterwards, you usually get the remaining period of your previous I-94. But is it also possible for you when re-entering, to apply for a new 3-year period with the employer letter, etc. just like on your initial entry. I think this is what happened.
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Thank you for this info, that is a great resource you linked to.

I knew that a 3 year period for TN status was possible but not the norm; most places mention that it can be 1 to 3 years and depends partly on the requested period by the employer (my employer requested a minimum of 2). I definitely did not do anything special the second time I entered the US in August, just show my Visa as usual, I don't think I even had to bring out any other documents. Really bizarre. I hope it doesn't cause trouble when I go renew my visa.

Is what you describe a separate, alternate way of extending status from applying I-539?
 
I believe nationals returning from their home country are not allowed to use AVR, which directly impacts Mexicans most of all.. Moreover, nothing in the site newacct listed says anything about limiting TN visas to one year. In fact, TD visas are specifically stated as being available for 3 years.

The need to bring documents would be for the consulate, not the border, which has accepted the validity of your status. There is no harm in being over-prepared, especially since they have made at least one if not two errors.
 
nelsona said:
I believe nationals returning from their home country are not allowed to use AVR, which directly impacts Mexicans most of all..
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I haven't seen anything supporting that. Neither this bulletin nor 9 FAM 403.9-4(D)(c) mentions such a restriction, and at least one site suggests it for use by Mexican citizens on TN.

nelsona said:
Moreover, nothing in the site newacct listed says anything about limiting TN visas to one year. In fact, TD visas are specifically stated as being available for 3 years.
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It lists the visa validity length for nationals of each country. For Mexico, if you select "TN" classification, it says multiple-entry visa for "12 Months". TD is only 36 Months for Canadian citizens or TD dependents of a Canadian-citizen TN. For TD dependents of a Mexican-citizen TN, it's also 12 months.
 
newacct, you are correct about duration.
On the AVR however, it has often been reported that home country visits (effectively singling out Mexicans) can't qualify for AVR.

TN extension from within Y+US are done with I-129, not I-539.
 
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Thank you both, newacct and nelsona.

I'm ok with not having AVR available to me as I prefer having a valid visa with me at all times anyway.

I guess the bottom line is that my status for now is valid until April 2008 (original DS from my first entry into the US) and I can go renew my visa at any time.

Regarding what you mentioned about status extension, nelsona, what does Y+US mean?
 
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