Twigstar

Yes we have a 5 year E2 visa (Aug 13- Aug 18) so I-94 needed renewing by August 15th this year.

scrubbedexpat099

Ray is a cohabitating partner?

crg

VWP is the only category that specifically precludes bouncing out and back from contiguous or adjacent territory. People with visas are welcome to attempt it. The only exception would be automatic visa revalidation for a J or F who went to Cuba.

MarylandNed

It would be useful if the OP had provided all the relevant info.

Enigma368

These are definitely the rules - you are however allowed to go to slightly further away countries in latin America and do this.

That all being said, I was in the US from September to December last year. I left to go to Mexico three times during that period, once by air and twice to Tijuana for the day. At least one of these times(I think the flight), I got a new VWP stamp with a new expiry date 90 days in the future. Whether this new stamp actually legally gave me a fresh 90 days to stay in the US I do not know, I left the US properly within the original 90 day period.

Steve_

Well I assumed he was in something other than B-2, he didn't say.

TN-1 reapplication is not considered a simple renewal or extension (legally), you have to establish non-immigrant intent for example.

TN-1 wouldn't, generally.

Which is why you should get your visa annotated to say that's why you got it. I have spoken to one Canadian though who did just flagpole to get more time and not only that but she actually went in originally just to visit her boyfriend and decided to stay longer.

But so is the principal in many cases, contrary to popular belief not all categories are dual-intent. Which is why you need a copy of their I-94 and I-797 and anything else relevant, CBP aren't going to just hand it out at random.

Well personally I think it's a waste of money on a plane ticket but to each their own.

crg

"TN-1 reapplication is not considered a simple renewal or extension (legally), you have to establish non-immigrant intent for example."

The nonimmigrant intent required of a TN, O, R or similar is not as stringent as classificatios like B, F, J and M. The latter must maintain an actual physical dwelling place outside the US. The former only has to plan/agree to reestablish one once they are no longer enjoying the status.

A person applying for a TN who is either under adjustment, planning to adjust etc are really the only scenarios where a denial due to immigrant intent would be appropriate. Of course there could be the occasional rogue guard who has a different interpretation.

MarylandNed

Another possibility is someone who has previously applied to adjust (even if they got turned down).

Technically speaking, "planning to adjust" is not a reason for TN denial. You can even file I-140 (immigrant petition) or I-130 (family-based immigrant petition) and still be eligible for TN. However, once I-485 is filed, you are no longer eligible for TN. Also, filing I-485 too early after obtaining TN can be considered immigration fraud.

This link provides a good explanation of TN and "dual intent":

TN Visa – The Limitations and Disadvantages of TN Status - Zhang & Attorneys, L.P. in Silicon Valley, New York, Los Angeles, Chicago, Houston, Austin, and Seattle

IMMIGRATION PETITION CAN BE A BAR:

A TN visa is not a dual intent visa, meaning that applying for permanent resident status can cause issues when traveling outside of the United States or seeking an extension of your TN visa. A pending application for permanent residence can be the basis of an initial denial of TN status. In this respect TN status is unlike H-1B status,where the alien may have dual intent without an adverse effect to the alien's non-immigrant or immigrant petition. However, a pending or approved employment based immigrant petition (Form I-140) or family based immigration petition (I-130) does NOT impute immigrant intent. The TN alien is eligible for TN extensions & to be admitted as a TN alien until the adjustment of status application (Form I-485) is filed or the applicant applies for the immigrant visa.

While other types of status holders (such as H-1, L-1 or O-1) may apply for Adjustment of Status (AOS) as soon as they wish once entering the country, those of TN status have at least a 30 to 60 day waiting period upon entering the United States before they may apply for AOS. Any applications before this waiting period is over will be considered an attempt to gain fraudulent entry by the USCIS. Additionally, the U.S. consulate may deny a TN visa application if the alien has previous applied for an immigration petition or AOS. Those on TN status who wish to file an I-140 immigration petition should not travel outside of the country because they will encounter issues upon their re-entry. If an alien on TN status has an approved I-140 petition and is currently waiting on their AOS petition to be approved, they must be sure to apply for Advanced Parole to travel outside of the country. For more information on AOS, please click Adjustment of Status.

Source: 8 CFR 214.6

crg

Planning to submit an application to adjustment on that entry is a reason for someone who is seeking admission as a TN, even if the TN was already adjudicated. Even if they have the I-94.

Someone who is the beneficiary an I-130 or I-140 could intend to complete the process at the consulate with an immigrant visa or via AOS.

The immigrant visa process is not an AOS.

The I-130/I-140 could be an indicator that there is a potential adjustment on the horizon but not necessarily going to take place on that entry. Take an F41 sibling with a priority date unlikely to arrive within the next decade. AOS is not likely in that case. It all comes to the intent. There is always a presumption of immigrant intent built into the INA that must be overcome.

The petition is only an indicator. The admissibility decision is based on the totality of circumstances and not a string of if/then calculations.