TD Visa renewal

Tariq Rahim

New Member
Good morning everyone,

I need some help on deciding what's the best course of action for my wife's TD visa.

Here's some background information before I ask my questions.

I am a Canadian citizen. I hold a Canadian passport. I am currently residing and working in the US on a TN Visa. My current TN visa expires May 2017. I initially applied for a TN visa in Jun 2015, which was due to expire in Jun 2016 but has been replaced by my new TN visa due to change in employers.

My wife is a Pakistani citizen. She holds a Pakistani passport. She has no status in Canada, as of yet. we are currently residing together in the US. She is on a TD visa. Her visa is due to expire on Jun 11, 2016.

Here are the options I've researched.
1. She can go back to Pakistan and apply to renew her TD visa. This means she will have to leave the US and re-enter once her TD is renewed. I would like to avoid this option if possible.

2. She can file an I-539 to extend her stay in the US. Is this the same as renewal? In any case, I just learned this processed could take 2.5 months to complete. In all likelihood, by the time this application is processed, her TD visa will have expired. Is this a viable option? Can she extend her stay if the I-539 is a work in progress? I don't want to run into an issue of an unlawful overstay. If she's allowed to stay in the US even after her TD visa is expired to wait for the I-539 to be processed, I believe this is the best option.

3. Simply go to a US border nearby and have them renew her TD visa. I am not even sure this is possible. As far as I understand, only Embassies and Consulates can issue visas. Please tell me if this is an option.

4. She can apply to renew her TD visa in Toronto, Canada. I'm not sure if this is a viable option either. If yes, is it possible for an attorney to represent her in Canada? The reason this will be necessary is because she doesn't have legal status in Canada so she's not able to enter Canada and will therefore need an attorney to represent her.

I understand it's a lot of information. I just need some help in navigating my options. My top priority is to avoid unlawful overstay but this is allowed while and I-539 is in progress, then I'm good to go.

If you have any questions or you need any clarification, please comment and I'll respond ASAP. Thank you in advance for all your help. Take care!

Cheers...

Sincerely,
Tariq Rahim, CPA, CA (ON, Canada)
 
1. She could try to get her TD visa in Canada. I assume she has a visa to enter Canada, if needed?
2. A timely filed I-539 keeps her in status for up to 8 months, so the fact that her I-94 is expiring is not a problem as long as she remains in US until I-94 is approved. A valid I-94 and an expired visa are sufficient for reentering US after short visits to Canada and Mexico, under AVR (google please). She doesn't need a new visa unless she is leaving US before getting I-539 approved, OR if she is leaving North America.
3. Not possible, You need to understand the distinction between a visa and a status. Status is granted at the border, visas are granted at the consulates.
4. See 1. I do not believe representatives can get this, which would mean getting a visitor visa for Canada from a Cdn consulate in US.

That would be a question for another forum.
 
2. A timely filed I-539 keeps her in status for up to 8 months
I-539 does not give status. But a timely-filed I-539 exempts the person from unlawful presence indefinitely (no time limit) as long as it's pending. I think you are thinking about work authorization which is extended for 240 days on a pending extension, but the OP's wife does not have work authorization anyway.
 
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