Scary experience re-entering the US with a TN

Y

Yupper

Registered Users (C)
Scary experience re-entering the US with a TN - what did I do wrong?

So, this is my second employer that I have a TN for. I have a current TN (expires September of 2008) that my current employer field for via mail, while still in the US, while still working for my previous employer (I switched jobs).

Since I was in the US already, all I got was a I-797 Notice of Action with a new I-94 on the bottom part of the page.

I'm a Mexican citizen and I travel back and forth every three months or so. I have had no problems in two previous trips to Mexico, until last time. The officer at the airport in Atlanta told me that I needed both an I-797 and an actual VISA full-page sticker on my passport (I have one from my previous employer, but not for my current employer). I got put into one of those rooms and yelled at because I did not have the sticker. I had no idea that I needed that. He said he would let me in this time, but that I either:

1. Needed to not give out my white I-94 form when I leave for Mexico, or
2. Get a VISA sticker.

I checked with my lawyer and it seems like the stickers (stamp?) can only be issued at a U.S. Consulate abroad.

I have an appointment at the Toronto U.S. Consulate at the end of the month to see if I can get a VISA sticker put on my passport.

Does that make sense? What did I do wrong?
 
Last edited by a moderator:
Thanks for your reply! Is there a way to get the visa stamp while in the US, or do I always need to go abroad to get it?
 
Yupper said:
Thanks for your reply! Is there a way to get the visa stamp while in the US, or do I always need to go abroad to get it?
Click to expand...

Is your visa stamp in your passport (for the previous employer) valid? If yes, why do you need another visa stamp?

I was under the impression that the visa stamp need not be employer specific, but the I-797 need to be employer specific - just like H1 status.
 
bigboy00 said:
Is your visa stamp in your passport (for the previous employer) valid? If yes, why do you need another visa stamp?

I was under the impression that the visa stamp need not be employer specific, but the I-797 need to be employer specific - just like H1 status.
Click to expand...

The visa stamp for my previous employer is on my passport, but is is expired. So, I guess I do need one huh? Ugh, I wish I could do this without having to go abroad to go get it! Going to U.S. consular offices abroad sucks. I feel like we are treated like cattle. :-/
 
Yupper said:
The visa stamp for my previous employer is on my passport, but is is expired. So, I guess I do need one huh? Ugh, I wish I could do this without having to go abroad to go get it! Going to U.S. consular offices abroad sucks. I feel like we are treated like cattle. :-/
Click to expand...

Ahhh! It's expired...It's better to have a valid visa, but still the AVR applies to you (if you did not stay in Mexico for more than 30 days).
 
bigboy00 said:
Ahhh! It's expired...It's better to have a valid visa, but still the AVR applies to you (if you did not stay in Mexico for more than 30 days).
Click to expand...

AVR? It sounds familiar, the guy that yelled at me said that b/c I hadn't left for longer than 30 days (my trips are normally 5 to 7 days), that I should not have surrendered my I-94, or something like that. Something about how if you leave for less than 30 days, you get re-instated or something like that.
 
Yupper said:
AVR? It sounds familiar, the guy that yelled at me said that b/c I hadn't left for longer than 30 days (my trips are normally 5 to 7 days), that I should not have surrendered my I-94, or something like that. Something about how if you leave for less than 30 days, you get re-instated or something like that.
Click to expand...

Nevermind, I found the information as to what the Automatic Visa Revalidation rule is:

http://immigrationvoice.org/forum/showpost.php?p=224525&postcount=8

So, I guess I should be able to come back and forth on an expired visa, so long I have a valid I-797A with a current I-94.

Hmm, I think it's going to be "fun" trying to explain this to the officer at the airport next time I come back in... ugh... Sill, I guess it may be wise for me to get a "Consular Visa" (stamp / sticker) since I'm a Mexican citizen... I'm trying to figure out whether this is possible to do while in the US.
 
Yupper, remember that if you truly weren't allowed in, the officer would not have let you in.

They like to scare people.

By being more knowledgeable about your rights, they will usually go back in their cage.
 
nelsona said:
Yupper, remember that if you truly weren't allowed in, the officer would not have let you in.

They like to scare people.

By being more knowledgeable about your rights, they will usually go back in their cage.
Click to expand...

True. One thing that pissed me off was that, in the officer's childish power trip, he wrote "VOID" over my expired visa. I hope that doesn't confuse future officers at the point-of-entry when trying to explain that AVR applies to me.

I really don't like when officers get in power trips. I sense they get a rush from playing with people's lives and emotions. Like road-rage, I feel like they use that to redirect their everyday frustrations in life (bad job, spouse issues, and general frustrations) towards us. That seems so wrong to me...

Anyway, hopefully AVR is an option for my until I get a consular visa.
 
You must log in or register to reply here.
Top