Will be layed off

P

Pecas

New Member
Hi!
I have a Mexican TN visa (It's for 3 years and I've had it for a year and a half) and the company for which I'm currently working is going to close, therefore I'm going to be out of work in a few days. (at least in the states)
I also currently hold a turist visa which is going to expire next year.
I know that I have to cancel my TN visa within 10 days of ending my employment.
Do I have to go to the consulate to do that or can I just go to the border crossing to get a "Cancelled without prejudice" stamp over there?
I live in the Border (San Diego) so doing that would not represent any problem.

Also... Do you know if they are going to ask for any papers when taking my visa to cancel? They asked for everything but the dog's vaccines to issue the visa and I figured that they might ask for my past W-2 or last pay stubs to make sure that I didn't stay longer than 10 days after my last day of work.
The people in the consulate took a masters degree in being very anal about such things. But on the other hand I'm almost sure that if I go to the border to do that they'll be runing around in circles for 2 hours trying to find in the manual a chapter called: "Person who wants to cancel his own visa".
I need some advice in how to do this properly.
I want to do everything correctly so I can renew my tourist visa next year.
 
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To be allowed entry in B2, you need to show proof of foreign residency, which may (or may not) be difficult for you given you have been in US on TN for a while.

But, assuming you can provide such proof, you can go to the border, hand in TN and re-enter on B2. You don't cancel the visa, you simply enter on another status. If you get another TN job, you can re-enter again on TN with the existing visa, and new TN paperwork.

But, generally, since these foreign ties do not normally exist so soon after a lay-off, we tell people to file an I-539 to switch to B2 from within US. You would need to do this the day your TN dies. You do not get 10 days to 'hand-in' your TN. Only leave US if you are sure that you can prove that your are eligible for entrto n B2 (your B2 visa is not enough).
 
what is the i-539 for?

My tourist visa is a "Laser" visa B1/B2. It's not attached to my passport. I'ts a separate card. I don't even think the officer would know that I have that one if I don't tell him.
I can go my parents and I shouldn't have a problem to come back later as a tourist.
When I filed my petition for the TN visa, I filed a DS-156, so I never "filed for a petition to change status" I only got ANOTHER visa. :) Of course I have NEVER dared show both visas at the border.
Proof of residency in mexico would be no problem.
 
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I would not assume that you could come back. Entry on tourist status requires (a) visa, which you have, but also (B) sufficient proof of residential ties outside US and likelihood that you will return there.

Parents' home does not necessarily meet that standard.
 
But isn't filing a I-539 kind of the same thing? They're gonna ask again for my grandma's love letters and everything.
Sorry for my sarcasm. But I have dealt with this all of my life. I have done it 4 times for my B1/B2 visa, 3 times for the TN visa and before the TN, every time that I wanted to travel anywhere north of San Diego (Disneyland for example) I would need to ask for an I-94 and prove to them that I do intend to return to my country. And if I tell you that I did that 25 times, I would probably not exagerate.
I co-own a construction company in mexico, plus I file my personal taxes. So chasing my accountant for all papers relative to that is no fun.
The times that I've flown to Europe thru the states, on the way back I have to explain to the customs agent that I do not have a place to stay in LAX because I'm on transit. And still they have a very hard time understanding that Tijuana is only 2 hours driving south, adjascent to San Diego and separated only by a steel fence. They usually keep me waiting until they find somebody who has actually travelled more than 2 hours by car and can corroborate that.
So believe me when I say that the idea of dealing with more paperwork is really not very apealing to me.
 
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But isn't filing a I-539 kind of the same thing? They're gonna ask again for my grandma's love letters and everything.
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No. The temporary B2 you request after layoff is explicitly to tie up loose ends before leaving.
Its simple, and given your border troubles, I'd think you'd jump at the chance to avoid having to go there.... and little risk of getting shot at either.
 
Do I fill the form and send it somewhere?
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Given your admittedly sarcastic postings, I'm awfully tempted to give you painful instructions on what to do with the I-539.

But, I'll simply point you to uscis.gov
 
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