Can I renew TN without leaving the US?

N

northcloud

Registered Users (C)
I had a TN visa (expiration date is Jan, 2008) for my previous job. I was laid off on May, 2007 and I have one month severance pay until end of June. I may have a new job soon. Do I have to go to Canada to renew my visa? If not, where else can I renew it inside US? If I have to go to Canada, are there any reasons I maybe be denied to enter the country? I don't want it happen since I just got married (spouse is a US citizen) and haven't get ready to apply Green Card yet. Can I just go to an airport to renew a TN visa? northcloud
 
you have two options:
1) go to a Point of Entry (US Border) and apply for a new TN for the new job.
2) do a mail-in application of form I-129 to Vermont Service Center.

option 2 has the drawback of being very slow right now. you could speed it up by paying an extra $1000 for premium processing which will shorten the process to 2 weeks.
 
gunt said:
you have two options:
1) go to a Point of Entry (US Border) and apply for a new TN for the new job.
2) do a mail-in application of form I-129 to Vermont Service Center.

option 2 has the drawback of being very slow right now. you could speed it up by paying an extra $1000 for premium processing which will shorten the process to 2 weeks.
Click to expand...

He cannot use option2 - he has already lost his job and is out of status. To use I-129 (option 2 in your post) you have to be in valid status.
 
... and option 1 could see him denied entry, since spouses of US citizens living in US are supposed to get K-3 visas to enter, not any other status, particularly one which does not permit immig intent.
 
Yep. And since you're married now to a USC, you can no longer get a TN status. So start filing your AOS and wait for your EAD card to come in and then start to work. By no means should you leave the US at this point or you will have problems...
 
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