TD status while TN renewal is in process ?

SusieQQQ

Well-Known Member
#21
Slight correction, while son is indeed out of status, minors under 18 do not accrue unlawful presence.
Not that this excuses sloppy legal work.
 
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#23
Chicagomom2020

I went through this in 2017. When I got the USICS approval (797-A), I detached the I-94 and stapled it in my passport. I haven't done anything else other than that. No stamping or visa etc.,

For your son, as nelsona suggested earlier, since you now have the I-94 with new validity dates, you should immediately go to border and get a TD for your son (I am assuming, your son is a Canadian citizen)

When I applied few years back, looking at the process timelines, it was mentioned that it will take a minimum of 4-6 months for a TN I-129 extension, however, mine got approved in 30 days. For some, it takes longer, for but some, its faster too
 
#24
Chicagomom2020

I went through this in 2017. When I got the USICS approval (797-A), I detached the I-94 and stapled it in my passport. I haven't done anything else other than that. No stamping or visa etc.,

For your son, as nelsona suggested earlier, since you now have the I-94 with new validity dates, you should immediately go to border and get a TD for your son (I am assuming, your son is a Canadian citizen)

When I applied few years back, looking at the process timelines, it was mentioned that it will take a minimum of 4-6 months for a TN I-129 extension, however, mine got approved in 30 days. For some, it takes longer, for but some, its faster too
Thank you.
 

nelsona

Registered Users (C)
#25
The CBP will decide whether to issue you a new I-94 when you go. If you staple the I-94 in your passport, that is sufficient, but sometimes CBP like to put their own stamp on it. Bring the entire I-797A with you. I used to also staple the info stub (the other bottom half) in the back of my passport, as it contains useful info for CBP.

If you have submitted an I-539 for your son, once you get his border I-94, you should cancel the I-539. Although his leaving US will have abandoned it, USCIS might not see this, and given that the I-539 is very suspect (being out-of-status), you wouldn't want the hassle of proving he went to the border, etc. You would be in the right but why have the hassle?
 
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#26
The CBP will decide whether to issue you a new I-94 when you go. If you staple the I-94 in your passport, that is sufficient, but sometimes CBP like to put their own stamp on it. Bring the entire I-797A with you. I used to also staple the info stub (the other bottom half) in the back of my passport, as it contains useful info for CBP.

If you have submitted an I-539 for your son, once you get his border I-94, you should cancel the I-539. Although his leaving US will have abandoned it, USCIS might not see this, and given that the I-539 is very suspect (being out-of-status), you wouldn't want the hassle of proving he went to the border, etc. You would be in the right but why have the hassle?
I understand. Thank you
 

nelsona

Registered Users (C)
#27
Just to elaborate on why you need to cancel any outstanding I-539, is because if it is denied (likely on the basis that it was not timely filed) that denial becomes the last action of DHS. So you want to avoid that possibility and simply cancel the process on your own. CBP and USCIS don't always get their info merged (especially since the border crossing and the initial processing on I-539 might be happening at the same time).

You would easily prove that the I-94 he gets at the border killed his I-539, but safer to be proactive.
 
#28
Chicagomom2020

Any idea, how your son's I-539 is filed? Online or mailed in the forms?

or anyone in this forum ever filed I-539 online?

I heard that now USICS is allowing to file I-539s online. When initially introduced, they rolled out this only for few categories of statuses and now they expanded it to include TN dependents also
 
#29
Not really true, but hey that what lawyers do, right?

I-539s, even in normal times take a LOOOONG time to process, even worse now. Meanwhile his days of illegal presence are counting (esp. if they refuse to accept the COVID excuse.) When you do get your TN, consult again with that atty and see if they then feel you should go to the border for son's TD. I would only feel secure if he had an I-94 in hand before December.
Hello,
How about the 60 days grace period for TD holder? Wondering the following rule may applied to this case?
The provision for 60-day nonimmigrant grace periods, found in 8 C.F.R. 214.1(l)(2), reads as follows:
(2) An alien admitted or otherwise provided status in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN classification and his or her dependents shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the alien's classification was based, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period. DHS may eliminate or shorten this 60-day period as a matter of discretion. Unless otherwise authorized under 8 CFR 274a.12, the alien may not work during such a period.
Thanks a lot!
 

nelsona

Registered Users (C)
#30
The grace period only applies up to the date of I-94 expiry OR 60 days, whichever is shorter (your quote even says so) . Even if this applied to TD's, the son's I-94 is expired already. The grace period never extends I-94 validity.
 
#32
Chicagomom2020

Any idea, how your son's I-539 is filed? Online or mailed in the forms?

or anyone in this forum ever filed I-539 online?

I heard that now USICS is allowing to file I-539s online. When initially introduced, they rolled out this only for few categories of statuses and now they expanded it to include TN dependents also
My lawyer mailed the forms to USCIS. Not sure about filing them online
 
#33
Just to elaborate on why you need to cancel any outstanding I-539, is because if it is denied (likely on the basis that it was not timely filed) that denial becomes the last action of DHS. So you want to avoid that possibility and simply cancel the process on your own. CBP and USCIS don't always get their info merged (especially since the border crossing and the initial processing on I-539 might be happening at the same time).

You would easily prove that the I-94 he gets at the border killed his I-539, but safer to be proactive.
Yes i understand. Thank you so much
 
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