TN Status - Border Crossing Card

#1
Hello,

I have a question, when I got my TN2 Visa (Mexican) for the very first time I got the Visa Stamp for 1 year and after entering the US I got an i-94 TN Status for 3 years.

My TN Visa is expired but I have a Border Crossing Card since I live close to the Texas' border.
I usually visit my family by land (driving) so a departure is not registered and as per my understanding when I access the US with a border crossing card no i-94 is issued unless I request it. (Correct me if I am wrong)

So my question is, if I have a valid i-94 with TN status but TN Visa stamp expired, Am I able to re-enter the US with my border crossing card and keep my TN Status?


Thank you so much.
L
 

newacct

Well-Known Member
#2
No. If you enter on your border crossing card you will be in B2 status. You can re-enter the US with your previous valid I-94 and expired visa on Automatic Revalidation after a trip of less than 30 days to only Canada and Mexico.
 
#3
Thanks for your response Newacct,

Normally when I used to use a BCC for crossing the border via land (car) no i-94 was issued unless I planned to go 50+miles deeper in the USA so I needed to request it. And when you leave the US by car, there is no track of your departure.

So as per my understanding I can keep my i-94 with TN Status intact, but I would like to confirm.



About Automatic Re validation,
I am a little bit nervous about this, since I got 3 years of status since the beginning (CBP POE), I didn't file an extension (i-129) or anything like that, could I still apply for automatic re validation? because I was told that it is only valid when you extended it.


Thank you so much for your responses.

Regards,
L
 

newacct

Well-Known Member
#4
Status on I-94 ceases when you leave the US, unless you re-enter on Automatic Revalidation. Otherwise, whatever you enter on determines your status. The border crossing card serves as a B2 visa on a card. Therefore you enter into B2 status. It doesn't matter if you get an I-94 or not. It's similar to how Canadian citizens who enter as visitors enter into B2 status.

Automatic Revalidation applies to you. It doesn't matter if you got the I-94 from entry or extension of status.
 
#5
Hi Newacct,

I think it is a little bit confusing but basically it's this:

When someone leaves the country by car no body checks or asks for your documents. you just drive and leave the country.
(If you have a printed i-94 requested for going beyond 50 miles you can return it in case you are not planning to use it again.)

And as per my understanding, when someone enters the country by car and using BCC. CBP asks you if you're going 50+ miles deeper. If that's the case they issue and print out an i-94 , otherwise you just enter.



My idea is this:
Having my i-94 with a valid TN status, I leave the country by car and then re-enter with BCC without asking for another i-94.
Then, I should be back in the US with my original i-94 with TN Status.

My fear about Automatic Re validation is because I called CBP and they told me that they are not sure if the officers will let me enter with an i-94 issued by CBP (entry). How can I proof this could work?


Again, thank you so much for your comments.
I really appreciate them.
 

Sm1smom

Super Moderator
#6
My idea is this:
Having my i-94 with a valid TN status, I leave the country by car and then re-enter with BCC without asking for another i-94.
Then, I should be back in the US with my original i-94 with TN Status.
That is a fraudulent plan! Re-entering the US on a BCC with the intention of going beyond the 50 mile radius and working in a status different from that in which you entered is fraudulent.
 
#7
Well in theory I would be on TN Status after crossing the border, since I won’t require a B2 my I-94 with TN status should remain the same.

But yeah, I think applying for auto revalidation would be better.

Thanks!
L
 

newacct

Well-Known Member
#8
Well in theory I would be on TN Status after crossing the border, since I won’t require a B2 my I-94 with TN status should remain the same.

But yeah, I think applying for auto revalidation would be better.

Thanks!
L
No, in theory you would not. Again, your TN status ends when you leave the US (one has no status when outside the US), and you can only go into TN status again if you enter on a TN visa or automatic revalidation for TN status, or change status to TN status inside the US.
 

nelsona

Registered Users (C)
#9
As has been pointed out, each time you enter US you are entering in the status which you present at that entry. You enter with BCC you are in B2 status, and cannot work until you change status by either filing an I-129, or re-entering with a valid TN.
 
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