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TD Visa Stamp Application at the US Consulatr

Discussion in 'TN Status' started by eigo, Apr 14, 2018.

  1. eigo

    eigo New Member

    Hello,

    Been following this forum for years now, but first time to post. Got some questions regarding my family's TD visa, and hope to get some advices from the members.

    Got our TN/TD extension recently before our visas expired (my company applied our visa by mail to USCIS; our previous visa expired yesterday, April 13). My family and I reside here in Michigan. Since my wife and son are Canadian Perm Residents, we were told that as long as they won't travel outside of the US, they won't be needing a visa stamp from US consulate.

    We regularly cross the border to visit friends in Canada. So I decided to apply them for a visa stamp, to be able to obtain I-94 stamp for multiple entry. I submitted their DS-160 yesterday (April 13, after our previous visa validity expired), and applied for visa renewal at the US consulate-Canada website, since my understanding is our visa was technically extended, and was not given a new visa. I was surprised that the system didn't give me an option to schedule an interview date, and instead instructed us to mail their passports and documents to the consulate (their previous TD Visa application required them to have an interview at the consulate. They did the application before their visas expire).

    My questions are:
    1. Did I do it right? Or I should have not selected renewal for their visa application?
    2. It says that they will review the documents first before determining if an interview is needed. If they decided that an interview is needed, they should return their passports, right? As stated, my family resides in the US. If the consulate keep their passport pending interview, then my family can't cross the border for the interview. My plan is to pick up their passport from our Canadian mailing address, since the consulate can only deliver it within Canada.
    3. Should I call the consulate and ask to schedule their inteview instead, than sending their documents to them? Just to be sure that they have their passports and can cross the border for the interview.
    Thanks, and hoping to get some inputs from you guys.
     
  2. nelsona

    nelsona Registered Users (C)

    Since they are not Cdn citizens they do need new visas at some point. The fact that they are Cdn PRs doesn't change that. The same rules apply for any visa holder. If they stay in US they don't need a new consular visa. It is only when they leave that they need one. Now, US allows those with valid STATUS visting Canada/Mexico for short trips to re-enter on their old expired VISA(which is not the same as TN or TD status). So, technically if they only visit Canada they don't need a new visa. But the visa has expired, so any other travel would need one, so I would be getting a new one when convenient.

    I would call, because there seems to be a miscommunication, that they do not understand that your family is in the US. They should not be asking for passports if you are already in US, or they should be returning the passports. I'm unfamiliar with consulates asking for passport prior to interview, but someone else may know.

    But be sure to differenciate that you have TN/TD STATUS (your I-94 from border or mail-in) and TD VISA (which is consular stamp). You don't have a visa. You have TN status.
     
  3. CDN9

    CDN9 Member

    I have also gone through this recently. My wife is a Canadian PR. After receiving the TN/TD extension notices from my employer, I have applied for my wife's TD visa extension at US Consulate in Ottawa. USICS extended the status, however, we have applied for my wife's visa extension (which is equivalent to applying a new visa)

    The system did allow me to select a date and time. We personally attended the interview and carried the original TN/TD extension approval letters to the Consulate. They verified the notices and stamped my wife's passport with a TD visa which will expire on the day of my TN visa expiration (01/2021).

    I am not aware of any process wherein we have to mail the passports. If someone has experienced, we will have to see that.
     
  4. eigo

    eigo New Member

    Hello Nelsona, CDN9,

    Thank you for the inputs. I'll try to call the consulate today to schedule their interview.

    Just found out the following article from University of Toronto Website:

    Interview Waiver Program (IWP)
    IWP for Renewals:
    - Held previous visa and is applying for the same visa classification
    - Visa expired less than 12 months ago and is in the applicant’s possession
    - Applicant resides in Canada and holds Canadian LPR status or valid study/work permit


    I believe that the system didn't provide me option for interview due to the following reasons:
    1. I applied for the TD stamp after their previous visa expired (unlike their previous TD stamp applications).
    2. I indicated that they are for renewals, and not a 'new' applicant.
    3. I indicated on the application that they resides in Canada. When I applied for their first TD visa, I found out that if you selected that you are not a resident of canada (not residing in Canada), the system will treat you as a Third Country applicant, and will give you the maximum waiting time for the interview (currently 43 calendar days). When I selected that they resides in Canada, the system provided me a much shorter waiting time for interview.

    Thanks again!
     
  5. nelsona

    nelsona Registered Users (C)

    So, when I answered "that they do not understand that your family is in the US", that was because you tried to lie and buck the system, and it didn't work out for you -- so you decided to waste our time about it. Good job.
    Anyhow, because of AVR (don't ask -- look it up yourself) they are not urgently in need of Visas.
     
  6. CDN9

    CDN9 Member

    @eigo

    I remember, when I filled in the information, I have answered for that question as "residing in the US" - then the interviews dates were far off (5 months for Toronto). However, I went ahead and booked the dates for Toronto and kept checking for the open slots, within a week, there were few slots opened for Ottawa Consulate (appointment date within 2 weeks). I have changed the consulate to Ottawa and went ahead.
     
  7. eigo

    eigo New Member

    FYI
    As I remembered, the system (US Consulate - Canada) only asked if you are Canadian LPR and if your application is for renewal (last page of the application). It looks like the system assumes that you resides in Canada if you selected this one, and will have shorter waiting time. On their DS-160, I stated that they resides in Michigan, of course.

    And sorry for wasting your time. At least you know now that there are cases that the consulate ask applicants to send their documents to them to determine if interview is necessary. Peace.
     
    Last edited: Apr 16, 2018
  8. eigo

    eigo New Member

    Thanks CDN9. Yes, their schedules deviate a lot. It's my 3rd time doing this (TD visa application for my family), and noticed that the waiting time shown on the USCIS website is not really accurate.

    I have called the consulate and asked for an interview instead. Waiting for their response now before I schedule the interview. Hoping to get an interview date sooner.
     

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