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Passport expires before TN

Discussion in 'TN Status' started by morgan990, Mar 20, 2017.

  1. morgan990

    morgan990 New Member

    Hi all,

    I received a TN visa stamp in 2015 valid through the end of May 2018, but the passport I was holding expires in April 2017. At my most recent border crossing in January, the officer stamped my visa to only grant admission until the expiry of my passport in April. I have since renewed my passport (now valid until 2027), but the Admit Until date on my online I-94 is listed as April 2017.

    My question is, is any action required on my part to ensure that my visa is still valid/that I am not out-of-status when the date listed on my I-94 passes? Or do I simply show the officer both of my passports (current and expired) at my next border crossing?

    Last edited: Mar 20, 2017
  2. nelsona

    nelsona Registered Users (C)

    Once the new I-94 was issued, that became your I-94 expiry date. To getthe remainder of this TN validity period, you will need to show up at the border some time before april with your new passport and get the extra time on a new I-94.
    That was nasty of the officer to make you get a new I-94.
  3. morgan990

    morgan990 New Member

    Ah, I was worried that was the case. Thanks.

    So when I do another border crossing in April, could I apply for a new TN for the same employer that would be valid for an additional three years (e.g. until 2020)? I figure it would save me the trouble of having to do another crossing a year from now.
  4. nelsona

    nelsona Registered Users (C)

    No. The border will not accept such a petition so far ahead of the TN expiry date. what you should have done was present the May 2018 TN paper. The officer might have let you in on that instead of issuing new one. Note that not last time, nor next time is this a TN petition, it is merely an issuing of an entry record based on your 2015 petition.
  5. morgan990

    morgan990 New Member

    I did present the May 2018 stamp, but the officer was pretty insistent. Guess I just had back luck that day.

    So when I cross, I guess I'll just explain my situation, present my expired passport with the May 2018 stamp and my new passport valid until 2027, as well as all the other documentation I'd normally take (letter from my employer confirming my employment, my original petition documents from 2015), and request a stamp in my new passport valid until the original May 2018 date. Anything I'm missing?
  6. nelsona

    nelsona Registered Users (C)

    I didn't say "stamp", I said the PAPER I-94. Not the same thing. The officer essentially figured (correctly) the stamp had been dated improperly (as it has long been practice not to stamp passports past the date of expiry) so he "corrected" that first error. Had you presented the I-94, he might have overlooked this other error.

    So, in any event, had the proper process been followed throughout, you would be in the same predicament you are now: new passport with I-94 (and stamp) with an april expiry).
    You can bring all the paperwork if you wish, but they have a record of your 2015 petition, which should be enough to grant you the remainder of your original 3-years.
  7. morgan990

    morgan990 New Member

    Thanks for your insight and knowledge on the matter. Managed to book a cheap flight in a few weeks (the precise expiry date isn't until late April); wish me luck.

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