Does San Ysidro poe open for TD status?

helen3308

New Member
My husband got laid off due to covid 19, he needs to get a new TN or change to TD status as my dependent within 60 days. Does anybody know if the San Ysidro POE pedestrian crossing is still open for changing status? What's our option if the border is closed, could he change status without leaving US?
 
Yes. TD makes more sense if you have current TN.
B2 is only for visitor, max six months for Canadians.
Note it usually takes 4-6 months for I-129 to be processed. But he is valid "pending" legal status. Priority Processing as been suspended at this time.
https://www.uscis.gov/i-129
 
Hi Amberleaf, thank you for the information. It seems i-129 is used to request an extension of stay in or change of status to TN. But he lost TN job, both him and my kids need to change to TD status as my dependents. Is there another process they can use to change to TD status without going to the border?
 
Your husband can use the I-129 form to change status from TN to TD (based on your valid TN).
I understand if you kids are already on TD, no action is necessary. As long as either parent is on TN. Maybe others can comment/confirm.
Personally, I would just drive to the San Ysidro POE, and do it in person. Cheaper and faster. Call in advance to ensure they will do it with the COVID19 situation. I suspect they will still do it.
No other options that I am aware of. Maybe others can comment.
 
Do I need to go to San Ysidro POE with him? Or he can do it by himself with my passport, i94 and other supporting documents? I really worry about not being allowed to come back once both of us cross border.
 
As I already suggested, call the CBP office in San Ysidro and ask them these questions.
https://www.cbp.gov/contact/ports/san-ysidro-class
San Ysidro, Pedestrian-West Facility Phone Number (619) 662-2265

I don't see why they would refuse entry, but you need to ask them, not me.
Others have reported obtaining TN at POE during this COVID19 situation, so it should be fine. The border is closed for tourists, not essential workers.
 
Just to be clear, TD is filed with I-539, not I-129. Personally, I would not be going to any border right now, especially one for which I hold NEITHER citizenship, and definitely not to just get a TD.
File I-539, you would be in legal TD-pending status regardless of how long it takes to approve. If you later get a job offer, then you can decide border or I-129.
 
Thank you nelsona for the clarification. Do you know if my kids need to file I-539 becoming my dependents? Their TD is under my husband's TN
 
No. They are already TDs, under whom doesn't matter. Only file if they are nearing I-94 expiry date.
 
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