Waiting for my TN in Mexico

J

jesuisfdo

Registered Users (C)
Hi you all.

As you know i hav written here before nd got your help at all times.
This time i have a different case.
I had a TN Visa stamp in my passport which expired last April and got an I-94 extenssion through I-129.
Then I got another part time Job offer and my previous job changed to a part time job as well.
Since I'm Mexican I have to travel to Mexico and go to the US embassy to get my additional visa. I went there on June 1st.
The Consul said they need to check every TN Petition through the Department of State and because of that i don't have my new visa yet.
Not happy with that the consul cancelled my previous TN with the argument that it is expired. I claimed the I-94 is supporting the validity of it but she said she had to hold on to my I-94 as well.
In the mean time i have been waiting all this time to see if I'm approved or not. My new boss is ok so far and they are still waiting for me to get my TN Visa.
My previous Boss she is also ok, and wishing me luck.
But here is my QUESTION:
I need to go over there so I can make some payments and to let my roomate I still live there and so on.
CAN I TRAVEL TO THE US WITH MY TOURIST VISA?
Will it have any effect on my curent TN procedure ??
Will the USCIS or immigration take any judgement on my case?
obviously I'm not trying to stay and I will come back to Mexico as soon as possible. It would be just to take care of my stuff and back.
Any help would be very appreciated.

Regards,
Fernando
 
You cannot travel to US without a visa.
Does your roommate have a phone? You can talk to him from Mexico.
You can wire money or send checks to any of your creditors.
 
I have a Visa

Hi Nelsona,

thank you for your suggestions as i will take them in consideration but i just want to clarify that although i have no TN Visa at the moment i have a USA B1/B2 Visa/BCC still current.

This is the visa i want to use to stay in the States only for a couple of weeks and I mean 2 weeks and no longer than that. or even less if the embassy needs me before to get my TN.

Please let me know.
I would deeply appreciate it.

Regards,
Fernando
 
If your B1/b2 visa is valid, so you can use it, assuming you have a bonefide residence in Mexic, which is always a condition for b1/B2. Generally though, aren't all previous visas cancelled when a new one is issued; and aren't all current visas suspended when one is under question? Just asking.
 
Well the tn visas yes as they are pasted in my passport but my b1/b2 as it's a laser card. But yes your question is basically my question
Is there a way to find out?
 
Btw Im don't want to turn any red flag.
I have always visit the US according to the book as I don't alwant any problems
So i'm just wondering not pushing
 
too long

Hi,
Nelsona, thank you for your information, I called the department of State and they said none can use a visa while a case is open as that would be like cheating.
Now my question is... does anyone knows if TN visas for Mexicans are taking longer for any reason?... I have been waiting for one month and a week here in Mexico to get my visa. The embassy is only saying it's under administrative process, and it's the department of State the one who will give them the answer.
Hope to hear from you guys soon.
Thanks,
Fernando
 
There has been a worldwide slowdown in State Dept issuing work visas. I know this is happening at the India and China consulates. I guess it is laso happening at the mexico ones.


Sorry to see that I was right about your other visa being suspended.
 
what happened?

I just wanted to follow up with your case, has it been resolved?


I have a couple of questions though.

1. Why did you go to the Consulate for a new visa? I thought you would be elegible for Automatic Revalidation at the border as long as you travel only to Mexico (or Canada) for no more than 30 days.

2.When you went at the Consulate, did you follow basically the same procedure as if you had applied directly at the consulate (instead of an extendion through I-129)? Did you pay the same fees, provided the same supporting documents?, etc.

Fernando, yo tambien soy de mexico y tengo una TN.
Well, I hope your case has been resolved by now or that it will be very soon. Buena suerte!

DT
 
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Where would I find that exception? The information I found at the CBP website doesn't metion it.

wwwdotcbpdotgov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf

(spelled out the "." dots becasue im not allowed to post links yet)

The fact sheet mentions Iran, siria, cuba and lybia but not mexico as an exception. I have also gone through 22 CFR 4 1.1 12 and 8 CFR 214.1 and didn't see it. (though of course maybe i just missed it).

Nelson, could you tell me where I can find the "mexico exception"?
 
Found this, which is otherwise reliable.

http://www.ois.uic.edu/downloads/travel and visa.pdf

There may be some rule about nationals from all contiguous countries (except canada of course) being required to have a valid visa to re-enter US, I do not know. I have read in some places that AVR does not apply when visiting your home country.

The CBP fact sheet is of course just that, and is not meant to cover all aspects of AVR (the info I present is much more detailed).
 
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The document you posted, though, seems to imply that AVR doesn't apply in any case to mexicans. I know I have received AVR as a F1 student going back to Mexico.I guess I'll call the CBP to make sure. Thanks Nelson.
 
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spoge said:
The document you posted, though, seems to imply that AVR doesn't apply in any case to mexicans. I know I have received AVR as a F1 student going back to Mexico.I guess I'll call the CBP to make sure. Thanks Nelson.
Click to expand...

Like you I too have used AVR as an F-1 student (OPT). I later changed status to H-1B and continued to use AVR (never held an actual H-1B stamp in my passport). I am now in TN status and per my lawyer I should still be able to use AVR as 22 CFR 41.112(d) provides that where the original nonimmigrant classification has been changed, the visa may be converted to that changed classification.

On paper it looks like one should be able to use AVR, however I am concerned that in practice this might not be so. I am waiting to try it out later this year.
 
As I said, I found 2 legal sites that said mexicans were precluded from using AVR from mexico.

If AVR was available, then it would seem pretty pointless for our original poster to have gone to the consulate to get a visa he did not need.
 
nelsona said:
As I said, I found 2 legal sites that said mexicans were precluded from using AVR from mexico.

If AVR was available, then it would seem pretty pointless for our original poster to have gone to the consulate to get a visa he did not need.
Click to expand...

Could you please reference those two sites you have found? Thanks.
 
I wonder if a form I-824 "Application for Action on an Approved Application or Petition" would have helped.
 
Hi you all,

I'm still in Mexico waiting for the system to approve my visa.
Is there something else I or my company can do?, my company needs my services now.
I applied for this visa on June 1st and here I'm almost 3 months later calling once a week the embassy in mexico and no other answer than your case is still pending.

I thought, what if I try to cancel this process and go through the expedite service in the US? will my tourist visa will work so i can use it to travel to the US and then apply by mail?
If i try to go that way would you think I'm getting into trouble? would that be something to consider? or am I completely wrong.
any suggestions?

thank you very much in advance
Fernando
 
as we told you earlier, once you apply for a specific visa ata aconsulate, all others are voided.
 
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