Late filing of TD visa

L

lakshmiv

New Member
HI,

My husband is on TN visa in USA.he renewed his visa on may 24.
my td status expires on June 6,2012.i filed for extension on july 2 ,2012.

we did not change anything regarding the status.

i did not have the knowledge about late filing.it was a mistake that has no excuse.

now the USCIS has sent me notice of action asking me for an explanation or the delay.


can you please help me with this?
 
I would not bother explaining, I would simply go NOW to the border (with a copy of your Notice) and get new TD, since there is no hope that your extension will be approved, and you will need to go to the border anyways. The longer you wait, the more days of illegal presence you accumaulate. Now it is 120 days, if you reach 180 you are subject to ban!

Once you do this, formally cancel the I-539 that you sent (in the response to the RFE), although it will be considered abandoned anyways.
 
Last edited by a moderator:
thanks so much for the quick reply

nelsona said:
I would not bother explaining, I would simply go NOW to the border (with a copy of your Notice) and get new TD, since there is no hope that your extension will be approved, and you will need to go to the border anyways. The longer you wait, the more days of illegal presence you accumaulate. Now it is 120 days, if you reach 180 you are subject to ban!

Once you do this, formally cancel the I-539 that you sent (in the response to the RFE), although it will be considered abandoned anyways.
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thanks so much for the quick reply.

i have a question

i am an indian citizen,do i have to take a visitors visa and visit canada?

one more thing,do i need to fill any forms or it is just like how my husband takes the TN visa.just cross the border and return back.
 
Unfortunately, you will need to get a new consular visa before re-entering US, and this will have to be done on your first exit.

Given your situation, I would suggest you get a consultation with a lawyer, as they may know some way for you to get TD status approved without leaving US (ie. how to answer the request for an explanation for failing to file your I-539 on time that USCIS would accept).

As to a visa for canada, you should find this out yourself, please.
 
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