Thanks Sussie. My new lawyer mentioned the same thing, unlawful presence days won't be counted for minorsSlight correction, while son is indeed out of status, minors under 18 do not accrue unlawful presence.
Not that this excuses sloppy legal work.
Thank you.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
I understand. Thank youThe 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?
Hello,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.
Thanks!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.
My lawyer mailed the forms to USCIS. Not sure about filing them onlineChicagomom2020
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
Yes i understand. Thank you so muchJust 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.
My lawyer mailed the forms to USCIS. Not sure about filing them online
I went to the border and got my sons TD. They did question me on late filing of I539 but they blamed mostly the employer. But finally issued a TD for my son. I also sent in a withdrawal notice to USCIS for the I539. Thanks for all your helpHi Nelsona, today I received the I-797C with I94 approved from USCIS. I didnt expect this to come through in less than 3 months. Now I think i can go to the border and get my sons TD renewed. Thanks for all your help. Do I also need to get my passport stamped? Or the new I94 would suffice?
I went to the border and got my sons TD. They did question me on late filing of I539 but they blamed mostly the employer. But finally issued a TD for my son. I also sent in a withdrawal notice to USCIS for the I539. Thanks for all your helpNot 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.