Readmission with expired TN but valid I797A w/ I94

C

Collective

Registered Users (C)
Hi all,

First post here even though I read occasionally.

My employer filed an extension of status this summer and it was granted. I received the I-797. I'm going home (Mexico) for Christmas (I'll be 15 days there) and was wondering if I need a new stamp or if I can return with the I-94 in the approved I-797 and my expired stamp under Automatic Revalidation.

If that is the case, should I hold to both my original I-94 and the one in the I-797? Or should I surrender one (or both) when departing to Mexico?

Thanks a lot for your help.
 
Mexicans are not entitled to AVR when they go to Mexico.

You need to go to consulate. keep a copy of all documentation.
 
Thanks for your answer!

This is so confusing, the company's immigration lawyer told me yesterday I didn't need to go to consulate, but a couple of sites I've found and your answer don't support that view. The fact sheet looks like a memo with no important info and no references to actual law.

I'll play it safe and get an appointment, don't see the case in playing with chances.

Thanks again.
 
There is another member of this site who went to Mexico thinking he could use AVR and was stuck there until he got an appointment.

To put in generally, Nationals are not entitled to AVR when returning from their home country. Since Cdns almost never require visas, this restriction applies almost exclusively to Mexicans.

here is a New Mexico Tech memo on AVR; I'm quite sure theyt have dealt with Mex nationals 1000's of times:

http://www.nmt.edu/advisory-notes/574-automatic-visa-revalidation-for-aliens-in-f-or-j-status-

Notable exception: If you are from Mexico or the Caribbean and you are coming back into the U.S. from your home country, you should not rely upon automatic visa revalidation. Citizens of these countries are normally required to have a current valid visa to re-enter the U.S.
Click to expand...
 
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I really appreciate the advice :)

Another question, I'll take the I-797 to the interview... should it still have the I-94 attached? What about the original white I-94? Should I keep it or give it to the airline? I'll take copies of both of them anyway.
 
Doesn't matter. The visa will be issued on the basis of the TN approval, after which you will enter. You will have made photocopies of everything of course.
 
My experience on Automatic Visa Revalidation with TN

My experience with Automatic Visa Revalidation with TN visa

I am Mexican citizen holding TN visa, when my visa expired I got I797 (extension of stay ) with attached I-94, I went several times to Mexico(almost twice a week during two months) to visit my family (they live in town border with US) I stayed at mexico for one or two days and back to US by car using my Valid Passport, expired TN visa stamp and valid I-94( my lawyer told me that this was allowed to do) ,
But one day while trying to cross border, the CBP officer denied me the admision to US and told me that I needed to re-stamp the visa in the US consulate (the CBP was very polite and kindly).

I did not want to discuss to CBP about AVR, so I just went back to Mexico made appointment and get new visa stamp without any problems.

I don't know if I was lucky and CBP's that allowed to re-enter to US by the AVR rule did not that this rule does not apply for Mexicans, or if the officer that denied the admission to US did not know about the AVR rule.

I have reviewed this rule in official web sites like DOS, US consulates, INS, and they don't mention exclusion of this rule to Mexican citizens, our company lawyer say that we (Mexican citizen) can apply this rule.
Some schools web sites mention exclusion to Mexican citizens but others not.
 
Yeah. AVR does not apply when leaving one's home country. The notion is that there is nothing (like 3rd country restrictions) preventing a citizen from getting a visa from a US consulate in their home country.

Your lawyer is obviously pissing into the wind, and you could get wet.
 
Similar case but with TD Visa

Hi all, I have a similar case and I wonder if any of you could share your experience/knowledge with me.

Me and my family all have expired visas (TN for me, TD for the family) with valid I-94 extensions (I-797A).

My wife is planning a short visit to Mexico, during which she will re-apply for new Visas for her and the children. I will stay meanwhile in the U.S. for work reasons.

The question is: do you think she can they apply for TD visas, considering that the main applicant’s (myself) TN visa is expired, but we all have a valid I-797A (approved Extension of Stay)?

Thanks in advance
 
Your visa status is not important; you have a valid TN, and thus your family is entitled to TD visas.

Foreign spouses of Cdn TN holders always get TD visas based on valid TN status of their spouse -- who NEVER get TN visas.
 
valid 1-20, d/s I-94, job offer for TN application but soon-to-expire f1 visa

Hello all.

I graduated from my bachelor in May and got my OPT starting in June.

I have just received a job offer and am starting to get everything ready to apply for a TN, however my F1 visa expires in November of this year (Next month).

I understand that I can move within the US without the need of a valid visa as long as my OPT and I-20 are valid, the problem is that my job requires me to travel internationally and I'm not sure if the TN serves as an extension to my visa which would allow reentry.

Coincidently, I have dual citizenship (Mexico and Venezuela) and in my Venezuelan passport I happen to have a valid tourist visa. Is it ok to exit/reenter with the tourist visa on my Venezuelan passport and move about the US with my F1 On my Mexican passport?
 
You will need a TN visa to re-enter on TN, when your POPT is finished. Mexicans are not eligible for visa revalidation unless having left US only for Canada , and all other nations cannot enter from outside North america on anything other than the 'correct' unexpired visa.
 
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