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TD Refusal

Discussion in 'TN Status' started by Riaz366, Mar 21, 2012.

  1. Riaz366

    Riaz366 Registered Users (C)

    My wife has I-797(notice of approval) till May 22,2012. She went to US embassy Pakistan to get stamp at her passport so that she could return back to USA with my 8 month old daughter( a US citizen), the visa officer refused to stamp as he stated that non immigrant visa could only be granted max for six year and wife is at TD status since 2006 so no more non immigrant visa and advise her to go for immigrant visa( all verbal, no written)

    Is anyone aware of such six year rule ?

    Is there any web side/e-mail or anywhere in usa where ,i can contact & ask to review it ?

    Thank You
  2. gunt

    gunt Registered Users (C)

    There is no such 6 year rule that i have ever heard of. I genuinely believe that the officer at the embassy was confused, probably because they almost never deal with TD visas and instead are much more familiar with H4/H1B visas.

    I encourage you to print out this page http://www.law.cornell.edu/cfr/text/8/214/6 of the US Code as it pertains to TN immigration. Point (j) of this document details the requirements and restrictions of the TD visa. It plainly states that a TD visa is granted an extension of his or her period of stay for the same period of time granted to the TN nonimmigrant. Also print out the TN NAFTA Professionals page of the USCIS website as well as the similar section from the US Department of State. Both of these pages describe the TD visa and do not mention anything about a 6 year cap.
    It is very important to reinforce with the embassy officer that you know that there is not a 6 year cap for TD, and that you request that they speak with their supervisor or contact USCIS if they are uncertain.
    Last edited by a moderator: Mar 21, 2012
  3. Qewty

    Qewty Registered Users (C)

    I have had experiences with Officers who were not as sure of the TD rules as they might be, especially at an Embassy. At an Embassy interview, I was once given a TD for only 3 months, as they said it should be same as a waiver (?), and another time I was told, at San Francisco airport after a 16 hour flight, that they didn't think I would be eligible for a TD as I wasn't a Canadian women (?!?). Thank goodness a Supervisor later thought differently.

    Always best to check.


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