TN about to expire but waiting for new Canadian passports

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kimberlily

Registered Users (C)
My husband has a TN under the Management Consultant classification. Our daughter and I have TD permits. The company's lawyer just started thinking about filing the renewal in December, and our passports expired around that time, so we sent applications to the passport office in Canada.

Because of the new entry laws, the passport office is behind on processing, so they haven't even opened our applications, which were received in early December. Does anyone know if there is any way we can apply for the renewal of the TN and TD permits without a valid passport? My husband is under the impression from the lawyer that we will have to send our passports to the Nebraska processing center, but if we can do it without our new passports, that would be preferrable, since from all I can get from Passport Canada is "it will be 20 business days from the time we open your applications" and they don't even know when they're going to get through their backlog.

I'm in a bit of a panic now, because my understanding is that we have 10 days after the expiry of the TN to get outta dodge, and if we don't have our passports until then, we may well be out of luck.
 
kimberlily said:
My husband is under the impression from the lawyer that we will have to send our passports to the Nebraska processing center
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UNDER NO CIRCUMSTANCES SHOULD YOU SEND YOUR PASSPORTS TO NSC. Just have your employer file the I-129 and provide a copy of your passport photo page (to provide evidence of Canadian citizenship) and copies of any supporting evidence.

Never send USCIS any original documents except for the I-129.
 
Actually the Intelligence Reform and Terrorism Prevention Act requires that by January 23rd 2007, travelers traveling by air or sea to and from Canada, Mexico, Central and South America, the Caribbean and Bermuda, must have a valid passport to ENTER the United States (includes all children).

You are not required to have a passport while in the US. When you mail I-129 (to VSC now) you are not entering the US.

You can renew by mail by simply supplying a copy of a Canadian birth certificate or a naturalization card.

I’ve done it many times.
 
TheRealCanadian and DBEL, thanks for that information. I think the immigration lawyer my husband's company hired has no idea what she's doing, since she's insisting that we have to send our passports.

I'll do some further research and see if I can find anything "official" about what we need to provide.
 
TheRealCanadian and DBEL, thanks for that information. I think the immigration lawyer my husband's company hired has no idea what she's doing, since she's insisting that we have to send our passports.

I'll do some further research and see if I can find anything "official" about what we need to provide.

You are right, clearly the lawyer does not know the rules. All you need is a proof of cdn citizenship.

Here is a link to the official source of information - show it to the lawyer and get the process started.

http://travel.state.gov/visa/temp/types/types_1274.html#3
 
BigBoy00, thanks for the link! I've sent it on to my husband along with a couple of other links, so hopefully this will get the inept lawyer to step up to the plate. We only have a month left on his TN, and she could have started this 2 months ago!

This is what I sent him, in case anyone else might find it useful in the future:
http://www.srwlawyers.com/TN.asp

Specifically section 2a: “If you possess an expired passport, that is sufficient evidence to establish Canadian citizenship”

http://www.uscis.gov/files/article/c1_English.pdf

Useful, but no official government info about expired passports. The passport is supposed to be used to establish Canadian citizenship. From all I’ve read, when you renew by mail they send you a form that you are to keep with you if you travel out of the US. When you cross the border, they stamp your passport. Having expired passports should not be a problem.

Official information from USCIS

http://travel.state.gov/visa/temp/types/types_1274.html#3

See: Requirements for Canadian Citizens

“Proof of Canadian citizenship- Canadian citizens may present a passport, as visas are not required, or they may provide secondary evidence, such as a birth certificate.”

Send this all on to the lawyer. We can get this thing processed without our passports, so it could have been filed a month or more ago.
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kimberlily said:
I think the immigration lawyer my husband's company hired has no idea what she's doing, since she's insisting that we have to send our passports.
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No "thinking" about it. No petition to USCIS ever requires the original passport.

I'll do some further research and see if I can find anything "official" about what we need to provide.
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Tell this so-called attorney to look at the I-129 form and tell you where it says that an original passport is required. Sending your passport to USCIS is a good way to never see it again.
 
Yeah. So-called attorney indeed. What do you expect from a lawyer who uses a Yahoo! email address for her communications?

Now she's asking for some kind of proof that we sent in our passport applications. Sorry lady, you only get a receipt if you do it in person, which isn't going to happen. I gave my hubby the FedEx tracking number that says the package was received, not that it means diddly squat. Besides, she doesn't need current passports! Argh!
 
You're kidding me right? Send in your passports? Like everyone else said, just send in a photocopy. Or send in your current driver's license with a notorized photocopy of your birth certificate and your marriage certificate. You are simply processing I-539's. Why are you using a lawyer for a simple renewal/extension?

See my response to poster HelloAmerica.
 
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