Expired TD Visa

L

limekiwi

New Member
My daughter is a Canadian citizen, but she has an expired TD visa. It's been expired for around two years now. I, however, still have a valid TN visa. Is it possible for her to renew it, without having to go back to Canada?
 
Just so we have this straight: 3 years ago you got a TN, and she got a TD, and while you've renewed your TN, you have not renewed her TD, and she has not left US at any time in the past 2 years?

Are there any other family members in the same predicament?
 
limekiwi said:
She's currently 17 and a half.
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If she's been out of status for 2 years USCIS won't accept an I-539 to bring her back into status, especially since there's no illegal presence (yet). She needs to leave the US soon and re-enter, getting a new TD.

And for the love of all that's holy, please ACT on this. Once she turns 18 there are long-term consequences to overstaying an I-94.
 
If she's been out of status for 2 years USCIS won't accept an I-539 to bring her back into status, especially since there's no illegal presence (yet).
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TRC, could you elaborate?
(a) are you saying there is no illegal presence yet because she is a minor?
(b) you seem to imply there are some circumstances that I-539 would be accepted when out-of-status AND illegal presence has begun. Could you explain?
 
nelsona said:
(a) are you saying there is no illegal presence yet because she is a minor?
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Yes. Illegal presence doesn't count towards the 3/10 year bars until one's 18th birthday.

(b) you seem to imply there are some circumstances that I-539 would be accepted when out-of-status AND illegal presence has begun. Could you explain?
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USCIS could approve a nunc pro tunc petition to retroactively bring her into status. I've read of such cases where H-4 holders were illegally present for >365 days and facing the 10-year bar, with no other form of relief. USCIS recognized it (to their credit) as a relatively honest mistake with no illegal employment and retroactively approved their status back to the original I-94 expiration. However, in this case relief exists - just exit the US and re-enter, so there's less likelihood that USCIS will exercise their discretion in this case. And to be honest, leaving and re-entering the US is much cheaper than an attorney experienced in nunc pro tuncs.
 
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