B2 to TD

W

wretle42

New Member
Saw a few threads on this but just want to reconfirm my understanding.

Situation: Dependents (all Cad citizens) in the US currently on B2. Two options to convert their status from B2 to TD:

1) Go back to Canada and when re-entering the US, specifically request the officer to grant TD OR
2) File I-539 --> if we file I-539, can the family still travel outside the US while the processing is underway?
 
You are right...there is no reason why they shouldnt have been granted a TD when entering. They entered via a land POE (I wasnt there) and we assumed the official would have given TD status. Just yesterday we found out that they actually got admitted in B2. Trying to figure out the best possible option to get this adjusted asap. Will appreciate any thoughts...I am at about 15-16 hrs drive from closest land border
 
Well, did they present the copy of your I-94 when crossing? The CBP can't read minds.... Technically, without a home in canada they didn't qualify for B2, but that not a concern at this point. More importantly, your children are not allowed in public school on B2 status. that might be something that would hasten the need to fix this.

Do you have any idea for how long they were granted B2 (if it is "undocumented", ie, nothing stamped in passport, it is presumed to be 183 days)?
You have until that date to get them into TD, unless they leave the country, in which case they simply need to get TD on re-entry.

I-539 would of course be the easiest (one petition covering each family member), but anyone leaving before approval (which WILL take months) is considered to have abandonned their petiton, and would need to apply at border for TD when re-entering anyways. and they would still be in B2 until the petition is approved.
So, I-539 is often a waste of money, and is not necessary at this moment. if you have plans to revist canada at some point before B2 expires, I would simply do it then. if not, then apply for TD by mail, knowing that it is probably a wasted petition.

I suspect that unless you aren't bothering to have them finish this school year, you will be driving up this weekend.
 
if, on the other hand, the officer made an error, simply writing B2 (per habit) instead of TD after being presented with evidence of your TN and their relationship to you, you could appeal at local office for correction.

But since the offcier would ahve had to review your family's documents, etc, I doubt that he would have made this mistake on all their forms.

I suspect it was simply a case of you not having prepped them on the process.
 
Yeah, I don't respond to messages off-line.
Your family seems a little unsure about what TD means, you need to prep them better.

Once one recieved TD status (I-94 asnd/or stamp in passport), that is their entry status, regardless of how many times they enter, for what duration, and whether they also qualify for B2. Once they got their TD, they should havethe I-94, stuck it in their passport, and announce -- EACH TIME THEY ENTER -- that they are entering on TD status, and SHOW them the I-94. Its a multiple entry I-94. It is not for the officer to decide how to admit them -- THEY tell HIM.

As to "withdrawing" your children out of school -- don't be silly. They have been admitted to school (even though they should not have been) and that is on the school board. they have 3 weeks left in school, so the school is not being too strict about it, why should they bother.

Get your family in line, and tell them that they always cross in TD. Since you still have a place in canada, I'm quite sure they will be making the trip up their this summer. Make sure you you properly coach them. Your the TN, you need to to teach them how things work on TD.
 
for the benefit of all, in the event of a possible error, one can contact the deferred inspection site here. I visited one and explained my situation. The CBP official was courteous, understood that an error might have been made, went back and corrected the admission status to TD for the entire family right away. an I-539 for this would indeed have been unnecessary and waste of money
 
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