How to deal with the 1st TN?

Z

zhang2006

Registered Users (C)
Why I got my 2nd TN, the office told me I have to return my 1st TN when it's expired.
I went to Dulles airport to return the 1st I-94 yesterday, the CBP officer there refused to take it. They told me I don't need to return any I-94 if I do not leave this country.
Now I have 2 I-94s stapled on my passport.
I don't know whose instruction I should follow.
 
Returning the first TN, when it has expired is completely option in the case where you have gotten a second status. It is only importnat to hand in expired (or no longer valid) I-94s when you are leaving US for good, as it establishes that you left at the end of your leagl period.

Since the expiry of your 1st I-94 really meant nothing (you had a new status), your old I-94 is of little value to anyone. Make a copy of (as you should always) nas either gve it to airline agent next time you leave, or keep it in a scrap book, or toss it.

But, the officer was correct not to take it, as you were not leaving US, it could not be treated as a departure record, could it.
 
It is not 1st TN, it I-94 issue...

I would return first I-94 as it will show that you did not stay beyond your allowed stay.

I had same problem a while ago. I had I-94 that was not taken at the airport. Few times upon my return, CBP did not issue new I-94 and there was no issue. I did not know that it was suppose to be taken by airline. And next time, they issued me new I-94 and said I should return other I-94 next time I travel. That's what I did. Every time I flew, I would return the oldest I-94 and upon return CBP would issue new I-94. I always showed them the valid I-94 that was in my possession.

This cycle broke when I drove to Canada and handed oldest I-94 to Canadian immigration people.... I did not want to give two I-94s at the same time.. this would confused USCIS and might cause more problems.

If I were you, that's what I would do.

Or you can send older I-94 with explanation, i.e. copy of new I-94, TN approval and letter explanation.

Here is the detailed write-up what to do if you forgot to hand over I-94 at the airport.

http://www.immigration.com/newsletter1/cbpdeptrecord.pdf
 
As TRC just said, I-94s are to show departure. Nowhere are we told to hand an I-94 to a CBP officer. We hand them to a airlne agent or to the Cdn immig officer.

Besides, it is to show proof that you left before I-94 expiry. In this case, you neither left, nor did you need to leave, so sending the I-94 anywhere is absolutely pointless.

The url posted is of little value either since, again, no one has left US in this case, and overstay is not even a concern.
 
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