Got laid off...out of status for 3 months but I94 still valid.

C

courtjester

New Member
Hello,

I have 2 I-94 on my passport. I quit my first job (I-94 valid until 2018) to go to another job (i-94 valid until later this year 2017). I was laid off 3 months later. Very stupid of me I still remained in the US thinking that I was still legal. I have been without work for 3 months. This week an employer offered me work and wrote me a petition letter. He wants me to start next Monday. Can my application for another TN Visa be denied because I was out of status for 3 months?
 
It can. You are at the mercy of the admitting officer. the "good" news is that since your I-94 has not expired, even though you are indeed out of status, you have not accumulated "days of illegal presence" which would begin after the I-94 expiry, and after 180 days of such illegal presence, CBP would have no choice but to ban you.

But, you really have no choice at this point. You need to leave the country, one way or another, and armed with a TN petition is better than nothing. You cannot file from inside US. answer any questions truthfully, and take your chances.
 
What access do CBP have to your data? How can they determine he's been unemployed for the past 3 months? do they just look at the person to see how nervous the person is and is lying?
 
Essentially, yes. Much of their training is devoted to recognizing signs of lying. they know he had a previous TN, they can ask if he is still working that job, why the change, anything, really, to get a sense of his truthfulness.

Being out of status doesn't in and of itself make him inadmissible. In fact, new regs released just before the administration changed even allows 60 days of no status without problem. But even if it didn't, the officer could readmit him on new TN

http://forums.immigration.com/threads/how-new-uscis-regs-affect-tn.335608/
 
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