TN/I-94 expired recently

T

TNresearcher

New Member
Dear All,

I am a Canadian on TN. My situation is complex any advice will be greatly appreciated.

My TN expired on the 25th of November and I do have I-20 as F2 dependent. In July when I checked with my university as to what the next steps would be when my TN expires and what the process would be to transfer to F2- the person who helped me didn't give me any indication about change of status application or going back to the border to change to F2. Basically I didn't get any guidance other than "Since you will return to F-2 status after your TN, let us keep your current F-2 open."

On another note, due to high risk pregnancy I was hospitalized from mid October till November 20th and I had to deliver my child early and I was completely bed ridden and I am advised to limit activity for 6 weeks. I checked with my university immigration folks, they are advising me to apply for nunc pro tunc through an attorney. My question is can I still somehow take a risk and go to the US-Canada border despite the challenges and if I show the CBP agents the medical documents related to my 6 week long hospitalization, would that be a good idea to justify why I could not apply for TN extension or change of status to F2 on time? I am also in the process of getting an attorney to apply for nunc pro tunc.

Many thanks in advance.
 
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Also a follow-up question- what is the success rate of nunc pro tunc if you can demonstrate that you have a valid medical reason (sudden hospitalization) for missing out the extension before the deadline? And it was impossible to go to border right after my surgery right around my I-94 deadline. Thanks.
 
Before wasting money on a lawyer to to reactivate an F2 (funny how a deep pockets school that gave you bad advice wants YOU to spend money now), I would -- only if you feel up to it -- go to the border (make sure you leave the country - which erases any overstay) and re-enter on F2 with a new I-94. There is no way you will be denied entry based on being out of status for a week -- even if you didn't have an explanation.


Nunc pro tunc is complete overkill in my opinion. Since you are Canadian, you are not limited to dealing only with USCIS or State Department. Go to CBP and re-enter.

Just one question however: When did you lose your TN job?
 
Thanks so much for your response @nelsona. That is very encouraging. To answer your question, my last day at work was 25th Nov.

I have an update: my university immigration folks wrote to the CBP officials requesting a 10 day grace period and now it's granted. My current I-94 says Dec 5th.

Thanks again!
 
Wait, something is not making sense to me here. Your school was able to get the the CBP to extend your TN based I-94 which expired on Nov. 25th to Dec. 5th - where you employed by your school?
 
Who would they have written to and gotten a response? And why only 10 days?! Sounds fishy.

Just go to the border.
 
CBP is allowed to admit a worker up to 10 days before their work starts, and until up to 10 days after their work period ends. See 8 CFR 214.1(l)(1). But I think this would usually have to be added by the officer at the time of admission, instead of adding it later.
 
Yeah, this doesn't seem to have anything to do with CBP, since admission isn't being sought.
 
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