TD extension - new I-539 form

L

LuciDreamer

Registered Users (C)
My wife needs her extension filed soon. I downloaded the latest revision of I-539 from the official USCIS website and noticed that the form was updated with new questions.

One of the new questions says: "Are you currently or have you ever been a J-1 exchange visitor or a J-2 dependent of a J-1 exchange visitor? Yes or No"

My wife came to the US as a J-1 exchange student and later changed her status to B before we got married. She got her TD last year without issues.

Is the USCIS now keeping an eye on the previous J-1 visitors trying to change their status in the US? Or it is another possible reason for the immigration to deny extensions.

She never overstayed nor violated the immigration laws and we do our best to play by their rules that are often biased, incompassionate and unfair. Not to mention that the new fee to file a I-539 is $300.

Is there something to worry about regarding the new question about the J-1 status? Should I file the previous version of that application maybe? It says on the official website that previous revisions are accepted.

Thanks!
 
found some useful information on http://www.naftatnlawyer.com/foreign-affairs-manual-tn-vi/:

41.59 N14--ALIENS SUBJECT TO INA 212(E)

(TL:VISA-323; 10-10-2001)

The two-year home residency requirement for some former J-1 Visa holders applies only to immigrant visa applicants, and to H and L nonimmigrant visa applicants. Thus, TN applicants and their TD family members who are former exchange visitors subject to INA 212(e) are not prohibited from receiving visas and entering the U.S. as NAFTA professionals, even if their professional activities might be similar or identical to those of an H or L recipient.
 
TD extension

I have recently filed for a TD extension. I also got my TD visa last year without any problems. I had been to the US before three times as a tourist. I'm not sure about the J-1 case. I just wanted to share your feeling of unfair, incompassionate rules, plus the $300 :(
We have already received our USCIS receipt, and our big deal now is to renew my driver's license, which expires next week. The California DMV won't renew it only with the USCIS receipt. They told me to wait for the extension of stay to be granted, which can take up to 6 months. The worst part of it is that I'm considered legal while the USCIS processes my request for a period up to 240 days. If you have ANY information, please share!
Thanks!
 
For those in states that require the I-94 to renew DL, the solution is either to mail-in TN/TD many months before renewal, or go to the border to get TN/TD.

Now, your only choice is to go to the border to get TD (and TN spouse may need to go and get his TN if his renewal has not arrived). $300 wasted
 
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