Laid off. Exit on TN, enter right back on B1/B2?

A

Aamir1

New Member
Hi,
I got laid off and serving 60-day grace period. Have got quite vested in the US with kids school and mortgaged home, car, etc.
To take care of property etc. I’m planning to exit and re-enter on B1/B2. Is this the right course/permissible?
Do I need to submit any TN related papers for cancellation to anyone?
I also have interviews lining up at a few places, they’re all on zoom and not in person. Do I need to disclose that upon entry on B1/B2?
I’m exiting to and entering from Mexico, but I’m Canadian. Will that pose any issue?
Thanks.
 
Aamir1 said:
Thank you, I'm aware.
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so you are planning on having the whole family exit and re enter on B2? What if they are refused re-entry for obviously intending to live in the US on B status? Plus as noted above, it is not legal for kids to attend school on B status. Or do you just think somehow they stay and can lose status and re-obtain TD later?
 
The issue with leaving US when losing your job, is that CBP may not allow you to reenter, since -- unless you have a residence outside US -- you no longer qualify for B2 (do not use the term B1/B2, that is visa terminology, not a status). The safest is to apply for B2 by mail using form I-539 for the family, but only as your TN grace period nears its end. Do not leave US until you are ready to remain outside US for a while.

Do not focus on the school non-issue; it will address itself when you determine your future path. Kids won't get kicked out. They aren't asked their status when they go to class. They can't enter US to go to school on B2, so just stay put. Another reason not to go to the border and file I-539 instead.
 
nelsona said:
The issue with leaving US when losing your job, is that CBP may not allow you to reenter, since -- unless you have a residence outside US -- you no longer qualify for B2 (do not use the term B1/B2, that is visa terminology, not a status). The safest is to apply for B2 by mail using form I-539 for the family, but only as your TN grace period nears its end. Do not leave US until you are ready to remain outside US for a while.

Do not focus on the school non-issue; it will address itself when you determine your future path. Kids won't get kicked out. They aren't asked their status when they go to class. They can't enter US to go to school on B2, so just stay put. Another reason not to go to the border and file I-539 instead.
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I wasn’t aware that it was ok on this forum to counsel people not to worry about status violation if one didn’t expect to get found out.

Regardless, I’m trying to understand the logic here. The deficiency you mention above applying for B2 status at the border is not cured by using i539, as the form instructions clearly state that for applying for B status one: “…. must submit a typed or written statement explaining in detail: A. The reasons for your request; B. The reasons why your extended stay would be temporary, including what arrangements you have made to depart from the United States; and C. Any effect the extended stay may have on your foreign employment or residency.” Judging from OP’s post, he clearly cannot satisfactorily answer B or C. Is the idea then to basically use the long processing time for i539 as a loophole, allowing them to stay in pending status without accruing illegal presence, then expecting that before the i539 can be denied OP will secure another job and they get TN/TD at the border?
 
Not true. It is quite normal for one laid off in various work statuses (not simply TN) to submit an I-539 with the expressed reason to "wrap up affairs in US", and requests no more than six months. This has been the counsel for many years, especially before the TN grace period was created.

During that time, the petition either continues in his plans to leave US, or he finds another job, at which time he either departs US, or gets a new work status. He is expected to leave US within the period requested, not to wait until the I-539 is processed.

It is not a loophole, nor a status violation.

Did you really think that TNers and H1-B holders used to leave US the day they were laid off? No, They filed -- legally, and successfully -- for B2, using the reason I outlined above.
 
This was extremely helpful for me and my family. We applied for I-539 in November and while the application was under process, I received a firm offer of employment in January. TN was processed through USCIS subsequently.

However, when we travelled to Canada in August, upon returning we were stopped at the border as border agent's system didn't show my family's TD status. I shared all I-797s for me and my family, still the agent referred me to the office. I was interviewed there with questions like what do I do in the US, where do I live, etc. I was also questioned about potential overstay after the last assignment ended in October. I shared my filing of I-539 with the intent, at the time of filing, of wrapping up things from the US. The officer went into further investigation in his system for 15 minutes and then approved our entry. Our passports were stamped, we were finger printed and photographed.
 
Did you apply for TD status for your family (ie. a second I-539) when you applied for TN? That might have been the "problem". Or, since their first I-539s for B2 had not yet been approved, the officer di have legitimate concerns of overstay -- for them, not you.
 
That is correct, I applied for TDs with my TN. We received the approved TDs before travelling and showed those to the agent upon re-entry.
 
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