AVR for Mexicans with expired TN and valid I797?

mneg

Registered Users (C)
Please share your experiences, there is a thread where it mentions that Mexicans returning from Mexico are not entitled for AVR, but I didn't find any official document mentioning that? is this something that depends on the mood of the officer to let you in?
 
it has been quite a while since I researched this. There is a rule that AVR (which allows re-entry to US from N America with a valid I-94 but an expired visa) is not to be given to those returning from their home country, which in essence is directed soley at Mexicans, since Cdns don't get visas. I guess it could also apply to those born in West Indies. But be assured that it is not based on the whim of the POE officer.

However, I would check on this at a Mexican border POE before deciding one way or another.
 
Thanks Nelsona, I don't really want to argue with you, you have been a big help for a lot of us and I really appreciate everything you do on this forum, I just wanted to see if you have found some official (.gov) documentation about this rule.

Let me share my experience, I am actually working in Texas on a TN and I visited my parents 3 weeks ago with an expired TN Visa, the POE officer first didn't want to let me in and I showed him "9 FAM 41.112 N8" document and my I94 where it explains all the rules and conditions for the AVR process and told him that I am an ocassional visitor (not a daily crosser) and that I have a legit work in the US that I need to attend, so he read the document and made some questions to another officer.... at the end he let me in (WOW!!), I accept that I was lucky because I am not a lawyer and no one wants to discuss with a foreign officer about foreign laws but this is what it makes me doubt about this unwritten rule.

I will try it again, but foreseeing possible scenarios of needing to schedule an appointment to get a new stamp. If rejected I would even try to cross from a different bridge since it seems that there is not a rounded criteria to apply for this situation.
 
As I said, when I researched this years ago, there was reference. Since it really doesn't pertain to TN, I would ask elsewhere.
The fact that you were residted pnce, would make me want to get my visa, especially since you say you are occasional visitor, you have plenty of opportunity.

What have you found on a Mexico-centric web forums, as obviously they would be more in the know.'
 
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