Return for vacation after TN expires?

J

justifun

Registered Users (C)
My TN will be expiring next month however i would like to return to the US and prepare my stuff to ship back to canada and vacation for a little bit. Can i basically turn around the same day after flying back to hand in my TN and come right back down for a vacation? Do i have to file any type of B-2 Visa or a I-539? I will not be working, just vacationing. Since I'm Canadian i can technically stay for up to 6 months right?

I suppose i can't hand in my TN at the mexican border can i? Its much closer than flying back to canada if im just coming right back anyways.
 
You must always enter US on a status. You can enter as a tourist, for a period negociated at the border, only if you meet the criteria for entry as a tourist, which incluse a viable home outside the US, and sufficient ties to ensure the agent that you will not be likely to overstay.

Since this condition did not have to be met while on TN, it is almost impossible to convince the officer that once you have been on TN that, unless sufficient time passes for you to establish ties and provide proof of sdame (copy of lease, utilities bill, etc), you should be allowed in as a tourist.

if you want to stay in US after TN expiry, you had best remain in US, file I-539 to cahnge to B2
 
What are the consequences if i don't get the I-539 back within the month i have left to stay? Just leave and forget about it when my TN expires? Is it possible for me to be banned from visiting the US or applying for another TN in the future?
 
You would only submit your I-539 on the day your TN expires. As long as it is submitted, your status is legal, as 'pending B2'.

From what you are saying though, I question if you are still working, or do you somehow think that even thoiugh you are no longer working that you are still in TN status? This would not be correct. Your TN status ends the day you stop working, regardless of the date on your I-94.
 
I am currently working right now untill my I-94 expires next month. However i want to stay in the US to vacation a bit (and not work) beyond the expiration date of my I-94, i was hoping to spend the holidays down here with my friends over christmas break. So where do I file the I-539 when i leave? At the border where i hand in the TN? or mail it in the day i leave? or what?

Thanks for your help with all of this nelsona
 
justifun said:
So where do I file the I-539 when i leave? At the border where i hand in the TN?
Click to expand...

Do NOT do this. File the I-539 a few days before your TN expires, requesting a stay of up to 180 days to wrap up your affairs. Make sure it is received by USCIS before your I-94 expires.
 
Thanks for the info, i have 3 more questions for you please and thanks.

1 - Do i still have to fly to the border to hand in my TN if i get a approved extention?

2 - Can i hand in my TN at a US/mexico border? (its a lot closer to where i am now)

3 - what are the penalties if i get denied my extention? before and after my TN expires?

thank you for your help.
 
I would not be concerned about "turning in" your I-94. This applies to those who are not getting a renewal/extension or switching to another status, like you are.

The I-539 will not be approved before you leave the country, as these take typicaslly 3 or 4 months. But the filing of the I-539 is the key, THIS is what will keep you in status. keep the receipt notice you get for this (as proof that you sent it). Remember the I-539 only covers you while you remain in US. Once you leave, you will need to enter as a tourist, meeting that requirement, which may be difficult if you do not have a home in Canada,


Enjoy your vactation.
 
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