TD - i797 waiting approval - border crossing

vamn9

vamn9

New Member
I applied for my TN renewal using i-129 along with my dependents TD extension using i-539. I got my TN approved in early September of this year. Regarding my dependents, we received receipt of notice from USICS in Aug 2023. They received appointment for Biometric fingerprints and gave those in sept of this year. My dependents are all Canadian citizens and we are still waiting for i-797 approval notice.
As we were planning to cross the border to visit Canada during Christmas break or just in case, if we have to cross border for some emergency reasons, can someone please advise what is the procedure of getting TD renewal and new I-94 for my dependents ? What will happen to existing i-539 cases of my dependents?
Thanks!
 
When THEY cross the border, their unapproved I-539s are considered abandoned. The application served its pupose to keep them in status.

So, when they cross the border back into US, they will simply need to get a TD I-94 issued at the border, like any other Cdn TD holder with an expired I-94.
They will get this with proof of your TN (your current I-94) and proof of relationship to you (marriage certificate, and birth certificates) much like they provided on their I-539 and on their original TD request at the border.

Very simple.

It is wise, soon after they get their new I-94s, to formally cancel their I-539s to avoid any future issues, by contacting USCIS.
 
nelsona said:
When THEY cross the border, their unapproved I-539s are considered abandoned. The application served its pupose to keep them in status.

So, when they cross the border back into US, they will simply need to get a TD I-94 issued at the border, like any other Cdn TD holder with an expired I-94.
They will get this with proof of your TN (your current I-94) and proof of relationship to you (marriage certificate, and birth certificates) much like they provided on their I-539 and on their original TD request at the border.

Very simple.

It is wise, soon after they get their new I-94s, to formally cancel their I-539s to avoid any future issues, by contacting USCIS.
Click to expand...
Thanks nelsona. If we cancel their i-539 after we got new I-94, how can be prove their legal stay for the time window between i-539 case applied (expired I-94) and new I-94 ? Won't cancelling their I-539s put them out of status for that time duration ? Thanks!
 
Cancelling it will not put them out of status, no more than abandoning it would; the application kept them in status. Now, their new I-94 (and the fact they left US and re-entered) is all they need. You can keep the I-797 receipt notice if that make you feel more comfortable.

The reason to cancel is to prevent a denial for some obscure reason, which you would then need to address (likely by a return to the border, or by having to argue with DHS that their I-539s should have been considered abandoned.

Cancelling is normal, best practice.
 
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