Valid TN visa on a expired passport!

#1
Hello all, I was gathering all my stuff for my visa TN renewal when I noticed my passport expired on April 2018, and my visa expires on April 2019 I have been on this visa for 10 years already, and I assumed that my passport was for 10 years instead of the actual 6. Does anyone know if I made the chances of renewal harder if any? What may happen to my visa becuase of this mistake. Any info is greatly appreciated! Thanks!
 

nelsona

Registered Users (C)
#2
I assume you are talking about Mexican renewal (we really need separate TN-1/TN-2 forums!).
For I-129, you don't need a valid passport. The consular visa, you do. So, renew your passport.

What "mistake" was made? Your visa is still good, and can be transferred to your new passport.
Not sure what you are worried about.
 
#3
Good morning. Indeed it is for the mexican Visa. I do not use the form I-129 as I am located on the border, so the consulate interview is easier. Passport has been renewed, but there is a 8 month gap between renewals, therefore I was wondering and worrying about being out of status for those eight months because the expired passport, and being out of status is one of the reasons for denial of my renewal according to the USCIS website. Thanks for the reply, I hope I explained myself better.
 

newacct

Well-Known Member
#4
Good morning. Indeed it is for the mexican Visa. I do not use the form I-129 as I am located on the border, so the consulate interview is easier. Passport has been renewed, but there is a 8 month gap between renewals, therefore I was wondering and worrying about being out of status for those eight months because the expired passport, and being out of status is one of the reasons for denial of my renewal according to the USCIS website. Thanks for the reply, I hope I explained myself better.
When does your I-94 expire? If your I-94 is not expired, you are in status; not having a valid passport does not make you go out of status.
 

SusieQQQ

Well-Known Member
#6
Are TN visas exempt from the usual requirement that a foreign national have a valid passport during his/her entire length of stay in the US?
I’m aware that you can use a valid visa in an expired passport with a new passport - but there is usually a requirement for those on NIVs to maintain passport validity for duration of stay too afaik.
 

nelsona

Registered Users (C)
#7
TNs are not visa exempt, nor are Mexicans, but his visa has NOTHING to do with his legal status while in US, and nor does his passport. The I-94 rules over all, so he is legal as newacct said. He is legal until April 2019 before he has to do anything. CBP don't typically issue I-94 longer than passport, but is USCIS did, or it was done otherwise, the I-94 wins.

He really has nothing to worry about. His firm should be working on getting his TN renewal paperwork ready, and then have him get new visa and TN in México sometime in the new year.
 

newacct

Well-Known Member
#8
Are TN visas exempt from the usual requirement that a foreign national have a valid passport during his/her entire length of stay in the US?
I’m aware that you can use a valid visa in an expired passport with a new passport - but there is usually a requirement for those on NIVs to maintain passport validity for duration of stay too afaik.
What that inadmissibility requirement actually means is that, when you enter the US, CBP will put a date on your I-94 that is no later than 6 months before your passport expires (or, for passports from countries in the 6-month club, including Mexico, they will put a date that is no later than when your passport expires).

However, if you apply for Change of Status or Extension of Status in the US, there is no requirement that your passport be valid for the entire period you will be granted, and the I-94 they grant is not tied to your passport's expiration; there is only a requirement that your passport is valid at the time of application, and your promise to maintain a valid passport.
 
#9
Thanks again for all the input! I was afraid of the expired passport placing me out of status. But still kinda worried that not keeping the promise of keeping my passport valid will mess my chances of renewal. I really appreciate all your guy's help!
 

SusieQQQ

Well-Known Member
#10
Thanks for the clarification. AFAIK some "long term" NIVs such as student visas require the holder to maintain a valid passport, maybe that's because they are admitted D/S. Interesting that TN holders don't.
 
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