TN renewal issue

[muhbest]

I went to the border recently, the border agent told me he approved me for 3 years the company requested, but the only problem my passport will be expiring in February 10, 2011 so he gave me i94 card till February 10, 2011, and told me come to back to the same border when i renew my passport they will issue me the rest of the three years on the new passport, he told me he documented everything on the system, i should have not any problem. and also wrote approved for 3 years in my passport. What do you guys think of this.

 

[nelsona]

He was wrong to do this. The requirement for passport validity applies to VISAS not I-94.

Now you are stuck having to leave US at some point after getting new passport.

 

[Concerned4us]

PP has it backward. You may carry an old passport with a longer visa approval with your current valid passport and be granted entry on that basis, but your I-94 should not be longer than your passport approval because you should not be in the US without a valid passport. The IO was correct to demand that you obtain a valid I-94 for the remainder of your authorized status after you renew your passport.

 

[nelsona]

Nope. There is absolutely no legal requirement for anyone to have a valid passport while in US, including foreigners.

In fact Cdns are still not required even to have a passport to cross the border.

Consulates however will typically not issue Visas for periods exceeding passport validity other than 10-year B1/B2 (though they certainly are allowed to).

C4us is correct that a visa remains valid after passport expiry.

So the POE was wrong.

An I-94 is valid only until the date stamped on it. Fortunately he did grant you three-year TN, so it won't cost you another $50 later, but you will have to leave and get new I-94 at some point.