TN Status Renewal/Extension (Mexican)

#1
Hello,
I have some inquires regarding TN Status renewal.

I got my first TN Visa on July 2018 and now I'm starting to research how to renew it, since It was issued for only 1 year.
I'm concerned about being denied, since I've been reading lots of posts about it.

As per my understanding, there are two options: Going back to a consulate in Mexico or Applying via mail for an extension.

I was told that via mail is better, since it has higher probabilities of being accepted, plus it might be extended for 3 years (instead of 1).

My questions are:
1.- What happens if it gets approved for 3 years and my first TN Visa stamps expires on July? As far as I understand, if I leave the US for vacation or something alike I won't be able to enter again, even though my i-94 indicates my TN Status is valid for 3 years.
2.- if extension approved, is there any way to get my passport re stamped without having to apply for a complete renewal process back in Mexico?


In addition, I have a valid b1/b2 visa, not sure if useful for reentering.



Do you have any additional suggestions related to TN Visa renewal/extension?


Thank you so much in advance.


Regards,
L
 

nelsona

Registered Users (C)
#2
1. At some point -- likely next time you leave the country -- you will need to get a consular visa, unless it is only for short trips within North America, in which case you can re-enter on expired visa.
2. No.
Forget B1/B2.
I'm quite sure you can get 3-year extensions At the Consualte as well as I-129. Your firm just has to ask for that, instead of 1-yr.
 
#3
1. At some point -- likely next time you leave the country -- you will need to get a consular visa, unless it is only for short trips within North America, in which case you can re-enter on expired visa.
2. No.
Forget B1/B2.
I'm quite sure you can get 3-year extensions At the Consualte as well as I-129. Your firm just has to ask for that, instead of 1-yr.

Hi Nelsona, thanks for replying :)

I'm concerned about doing it at the consulate in Mexico because one of my friends got rejected his renewal, under "not able to demonstrate strong ties overseas".

1.- Does traveling to Mexico help to demonstrate those strong ties? my friend believes it happened because of not traveling to Mexico in an entire year.
2.- In case of getting an extension via mail, I read that visa re stamping/updating could be done on the southern border, is that right?
3.- Is there any other disadvantage of renewing it via mail besides of being not able to travel outside the US?
4.- (general, not related to 2.-) Does already having a TN visa before increases the chances of getting a new one when it comes to renewing it?

if you were me, what would you do?
I'm afraid of being denied.

My apologies for too many questions, I'm a bit confused.

Thank you so much for your help!
L.
 

nelsona

Registered Users (C)
#4
1. One does not have to demonstrate such ties.
2. No. That would just be the I-94 9which you would get with the I-129 approval). Visa still needs to be done at consulate.
3. Not sure what you mean?
4. TN is either 100% or 0%. Depends on your petition.
 
#5
1. One does not have to demonstrate such ties.
2. No. That would just be the I-94 9which you would get with the I-129 approval). Visa still needs to be done at consulate.
3. Not sure what you mean?
4. TN is either 100% or 0%. Depends on your petition.
Hi Nelsona,

Thanks again for your response!

1.- Just to confirm, when you say that the visa still needs to be done at the consulate, it means that I'd need to apply for a TN visa from 0, therefore, my 3 years extension in i-94 would be deleted and replaced by the new one's length?

2.- Regarding point 3, I'm aware that I might not be able to travel outside the US and reenter if I just get the i-94 extension without a valid visa, is there any other disadvantage?


Again, Thank you so much for your help!

L
 

nelsona

Registered Users (C)
#6
Remember that your status (represented by your I-94) and your Visa (a consular paper stamped at the consulate) are 2 separate things. Your need a valid I-94 to be legal within the US, but you need a valid visa along with valid I-94, to enter US. These documents can and often do have different expiry dates.

An I-129 only takes care of the I-94, keeping you legal while you stay in US. Once you leave, you also need the valid visa (or in some cases enter with expired visa). If you go to the consulate and show them an approved I-129 receipt, they will grant you a new Visa matching your new TN expiry date. You would not be applying for a new TN status, you already would have done this.
 
#7
Good morning Nelsona!

I really appreciate your support, that last answer was exactly what I wanted to understand.

So, if I get my TN Status extension approved (i-129) for three years and my the first tn visa stamp expires, the next time I travel to Mexico I'll need to go to the consulate and just ask for getting the visa stamp matching my i-129 receipt. No interview and no risks of being denied, right?

1. How could I request an appointment with the consulate only for this purpose? I contacted their call center and they basically told me that I need to apply for a new one (Visa TN from scratch, going through an interview, approval process, etc.).


Thank you very much!!

Regards,
L
 

nelsona

Registered Users (C)
#8
Well, you probably do have to fill out the forms, but there is no need to re-present your case: you will show them the approved I-129. This would be identical to someone getting an H1-B, which can only be done by I129, and then leater gettinga visa stamp. The consulate will not re-adjudicate your I-129, they will look it over perhaps, and grant you the visa.

Then you present the visa and I-129/I-94 at the border for entry.
 
#9
Hello Nelsona,

Mexican TN as well here...

I currently have a TN expiring 02/2020, with an i-94 until 02/2022. Does this mean that after 02/2020 I have legal status in the U.S., but no way for going back to Mexico and re-entering without renewing my visa?



Thanks in advance.
 
#11
Thank you so much for your response Nelsona, I really appreciate it!

Hello Nelsona,
Mexican TN as well here...

I currently have a TN expiring 02/2020, with an i-94 until 02/2022. Does this mean that after 02/2020 I have legal status in the U.S., but no way for going back to Mexico and re-entering without renewing my visa?
Thanks in advance.
Farfan, How did you get your TN Status / i-94 for 3 years?

Thanks!
L.
 
#12
Thank you so much for your response Nelsona, I really appreciate it!



Farfan, How did you get your TN Status / i-94 for 3 years?

Thanks!
L.
The job offer I have is for 3 years, but as Mexicans, our TN visas can only be issued for 1 year periods.
However, the I-94 is what gives you status and is granted for up to 3 years.

Make sure you have an additional original letter when you get to the POE (in my case it is San Ysidro), as they need it to get the approval for the period the letter indicates. Otherwise, they go with the Visa expiration date (1 year)
 
#13
Thanks Farfan,

So, next time I renew my TN Visa and I'm at the POE I ask them to set my TN Status to the total length of my job offer (3 years)?
Could I ask for it the next time I travel to Mexico and re-enter the US?

My apologizes for too many questions, I'm a little bit concerned about being rejected by the consulate.


Kind Regards,
L.
 
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