TN holder travel abroad on soon-to-expire Canadian passport?

T

tnchoice

New Member
I am a TN visa holder living in US, and will soon need to travel to Europe for a family emergency. The problem is that my Canadian passport will expire in Oct. Is there a six-month valid passport requirement for Canadians on TN visa to reentry US?

Many thanks in advance.
 
Canada is part of the 6-month club, so Canadian passports just need to be valid until the end of your stay, not 6 months after the end of your stay. What this means is that if you present your current passport when you re-enter the US, your I-94 will expire no later than your passport expiration date (not 6 months before the passport expiration date as with people whose passports are not in the 6-month club). If you need to stay longer, you would need to either 1) leave the US and re-enter on a new passport, or 2) have your employer file I-129 for TN extension of stay inside the US.
 
If your I-94 was issued by USCIS via I-129, rather than by CBP at the border, your I-94 may exceed expiry of your passport. You can this remain in US until that date, regardless of passport expiry.
The link sent by newacct confirms that a Cdn can indeed remain in US past passport expiry, for six months.

But since our poster is leaving US before that, he has plenty time to address the I-94 issue, as well as submit the required mail-in for his passport.
 
nelsona said:
If your I-94 was issued by USCIS via I-129, rather than by CBP at the border, your I-94 may exceed expiry of your passport. You can this remain in US until that date, regardless of passport expiry.
Click to expand...
If they don't leave, yes. But if they leave and return, they will get a new I-94 which will be limited to passport expiry.

nelsona said:
The link sent by newacct confirms that a Cdn can indeed remain in US past passport expiry, for six months.
Click to expand...
No it doesn't. The default rule is that nonimmigrants' period of admission must end 6 months before passport expiry. Canadians (and people from other countries on the 6-month club) get 6 months more than that -- their period of admission must end at passport expiry. (Basically, their passports are considered to be valid until 6 months after expiry, so 6 months before 6 months after expiry equals expiry itself.)
 
Sine the I-94 is a multiple entry (as well as proof of work authorization) it is not taken at departure, and can be used again and again, until the I-94 (not the passport) expires. Its a holdover from when Cdns didn;t need a passport to get TN.
 
You must log in or register to reply here.
Top