TN Visa Valid for only 364 days on TX??

M

Manuel0822

Registered Users (C)
Hi, just looking for someone else's experience on this type of situation.

My wife and I just visited TX DPS trying to get our TX driver license or at least a TX state ID. We showed all paperwork required as per their site (SSN, Passports, I-94, etc). From the very beginning the person on the counter didn't seem to convinced as of our paperwork so she went inside the offices and spoke to her supervisor.

When she came back told us we were not eligible for any of the ID's required since our TN/TD visas were not issued for a full 1 year period but for a 364 days period. Also our I-94s where only valid for 362 days so same issue there.

As we get our TN/TDs on a consulate, they deliver TNs the next day so If apply today, My visa stamp on passport will be delivered tomorrow having a validity form 10/01/2010 to 09/30/2011. Since I-94s are issued at POE, we got it when we entered the US which of course was not the same day we got our visas.

Is their approach to this rule right?? I know they are the judge here but It was my understanding our TN/TD were valid for 1 year. By the way I can't get it for more than a year, even thought my employer requested 3 years, this rule has been revoked so I need to renew every year now :mad: Also, CBP would not issue I-94 beyond expiration date on TN when I asked him to and showed my employer letter.

I hope this is a related TN question.

Related attachments if someone is interested for the background:
 
There was no reason why your visa should not have been issued for 3 years. TNs -- even for mexicans -- can be for 3 years.
There has not been any revocation of this regulation.

But if you present a visa or I-94 that has less SIX MONTHS (according to the form you attached) duration, many states -- including apparently TX DMV -- view this as unworthy of issuing a driver's license.

Your I-94 and visa exceed this.

Most DMV employees are notoriously stupid,; you've met 2.
 
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Thanks, Nelsona.

That was my understanding as well prior to my visa appointment back on the end of July. However on an email received to confirm my appointment, they mention TN/TDs are only issued for 1 year so at that point I was really confused about it. Anyways, I made my research and found back on that time that they have changed the rule for Mexicans and it turns they did change somewhere back on March I think.

I couldn't find the press release again, but you can take a look at the links on the attached file (Sorry, I can't post URL's yet):



As you can see, even thought USCIS says TN/TDs can be issued for 3 years for both Canadian and Mexican profesionals, the site related to the US consulate says it will only be issued for 1 year. This was the case when we applied, and that's what the interviewer told me when I told him my employer was requiring me for 3 years, and that USCIS says TNs can be issued for a 3 years period, he told me that rule approved on 2008 has changed ( as I already knew) during this year and that now it's back again to 1 year extensions.

Any ideas?? Am I the only one who has seen this issue??

As you mention, both my Visa and I94 are still valid for more than six months, but when you read at the bottom of DL-17's Primary ID method, you can see they specify Visas and I94s should be issued for a period of "at least one year" and this is where they couldn't (or wouldn't want to) understand my visa, according to USCIS, was valid for 1 year no matter if the days count was 1 day short, because this is the way visas are issued.

Anybody in TX has gone thru this process??
 
I find no such evidence that Mexicans have been restricted to 1-yr visa.

It is more likely that the consulate you dealt with simply had out-of-date information.

As I said before however, many states have similar regs about the length of visa.

You need to take this up the chain with DMV.
 
Hi, Nelsona.

I couldn't find it either, However, as you can see on the links I'm attaching, they explain exactly what I read back on June on the Visa "Reciprocity: What's New" site. They have just removed the information posted yesterday and I can't still find any links to the information posted before, looks like they just take it down from the server or something.

Again, the links I'm giving you are not official sites but it's basically a transcription of what it was available back at that time on the official US Gov sites.

Take a look again at the reciprocity table linked, You will see how TN/TDs are only issued for a validity of 12 months even thought it used to say 36 months last year when I applied for my TN. The one in June was my 1st renewal. I guess I should convinced my employer for a 3 year period from the beginning.

It's awkward thought to mention the $100 a year have been removed but having to be interviewed & paying $140 every year for the interview with the risk of finding an officer having a bad day is just uncomfortable, despite the problems to be denied with a DL or ID of any kind while on the US.

Last comment, while we are here as guests, I'm OK to follow all rules so we enjoy what we have and where we are.:eek: I just wanted to share this Info with all as this site is a great reference for All of us on TN status.
 
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It is certainly is a great advantage that Cdns (which make up the vast majority of participants on this board) do not have to get Consular visas. Avoiding that extra layer of bureaucracy is a saviour in many cases.

Now, that layer has impacted your dealings with DMV:mad:
 
As Zuccarro points out, I-94 duration is NEVER tied to Visa length. It should also be pointed out that, by the same analogy, I-94 expiry should NEVER be limited to passport expiry either, yet we have been seeing -- once again, erroneously -- some CBP refuse to issue I-94 pasyt passport expiry date.
 
Thanks for the responses.

Actually I had that blog's printout and also the printout for the attachments linked on the same blog when I did apply for my I94 on the POE. That's why I said on my previous posts that CBP officer wouldn't issue an I94 beyond the Visa expiration date.

I "carefully" tried to explained the officer how the rule is intended to work and I said carefully because the last thing you want to do is to tell a CBP officer that you know more than him about his Job.

I guess as caordaz mentions, I wasn't convincing enough to get the officer to change his mind, even with all paperwork in hand, he just didn't want to look at them. Maybe I should push harder or talk to a supervisor but then again, this becomes loose ground when you haven't been admitted yet and you have a flight to catch.

Anyways, my plan is to talk to CBP on my next trip home during the holidays and see what I get.

Can I get a new I94 when I comeback? Do I need to leave mine with CBP when I leave the country?? We'll be out of the country for 10 days so I've read I can keep it.

Any ideas?
 
You can and should keep a copy of your I-94 a[art from the one in your passport. You can always use the copy to re-enter on your existing TN if your I-94 is taken.
 
nelsona said:
There was no reason why your visa should not have been issued for 3 years. TNs -- even for mexicans -- can be for 3 years.
There has not been any revocation of this regulation.

But if you present a visa or I-94 that has less SIX MONTHS (according to the form you attached) duration, many states -- including apparently TX DMV -- view this as unworthy of issuing a driver's license.

Your I-94 and visa exceed this.

Most DMV employees are notoriously stupid,; you've met 2.
Click to expand...


As you can see, even thought USCIS says TN/TDs can be issued for 3 years for both Canadian and Mexican profesionals, the site related to the US consulate says it will only be issued for 1 year. This was the case when we applied, and that's what the interviewer told me when I told him my employer was requiring me for 3 years, and that USCIS says TNs can be issued for a 3 years period, he told me that rule approved on 2008 has changed ( as I already knew) during this year and that now it's back again to 1 year extensions.
 
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