Change TN status by port of entry

Old Jul 18th 2016, 12:14 am
  #16  
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Default Re: Change TN status by port of entry

So, how is TN visa situation with a future unexpired i-94 date different than a student out of status, but with a D/S stamp?

Unfair Trick question, since I looked it up after writting it...

I looked this up, and found this: (Not authoritative, but credible looking text)

Visa Overstay, Out-of-Status and Unlawful Presence: What Do These Terms Mean And How Can They Affect You?

unlawful presence VS Out o Status definition, and how the 3 and 10 year bans apply only to unlawful presence, which applies AFTER the date on your i-94, not after your loss of status.(which may be sooner as in the OP case. Out of status when fired, Illegally present after i-94 date expires)


Yes, No, Maybe ??

Thanks.
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Old Jul 18th 2016, 12:34 am
  #17  
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Default Re: Change TN status by port of entry

Originally Posted by A I
Yes, No, Maybe ??
The web site says this: "Overstay means staying in the U.S. beyond the date indicated on your I-94 or the corresponding D/S (Duration of Status)."

So, once I read that tidbit of misinformation I couldn't be bothered reading the rest. As you say... not authoritative.

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Old Jul 18th 2016, 1:09 am
  #18  
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Default Re: Change TN status by port of entry

Originally Posted by ian-mstm
The web site says this: "Overstay means staying in the U.S. beyond the date indicated on your I-94 or the corresponding D/S (Duration of Status)."

So, once I read that tidbit of misinformation I couldn't be bothered reading the rest. As you say... not authoritative.

Ian
Fair enough, how about
Unlawful Presence Bars and Waivers, US Immigration, I601
and
State Department, Unlawful Presence, EWI, Overstay, Status Violator

Based on all I'm seeing, your 180 days to "earn" the ban start at day of entry without inspection, i-94 expiration, or when you are notified by the government that you are out of status, whichever is sooner.

The cable from the state department is pretty specific to this point.


It states

E. Except in cases where the alien either entered without inspection (EWI) or stayed beyond the date specified on the I-94 (overstay), conoffs may not refuse an alien under 9B unless INS or an IJ has made a formal finding that the alien violated status. Other than in overstay and EWI cases, a conoff s belief that a particular alien violated status is not/not in itself a sufficient basis for a 9B refusal. Even if the alien admits to an apparent status violation (other than an overstay or EWI), that would not be a basis for a 9B finding, absent a prior INS or IJ finding of a status violation. On the other hand, a finding by conoff that the alien entered without inspection or overstayed a specified date on the I-94 may be a proper basis, in and of itself, for a 9B refusal, assuming the alien had accrued the requisite period of unlawful presence, no prior INS or IJ finding is required in such cases.

How about it?
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Old Jul 18th 2016, 12:33 pm
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Default Re: Change TN status by port of entry

Originally Posted by A I
How about it?
I agree that once you've accumulated 180+ days of unlawful presence that you're subject to a 3-year ban from the US and that the ban triggers automatically once you leave the US. The question then, is when does unlawful presence begin to accrue? There's 3 options: an EWI, overstaying the I-94, and a D/S coming to the attention of US Immigration. We seem to be discussing the 2nd option: overstaying the I-94. The default premise for this option is that the I-94 is valid only while the visitor has status. Once the visitor is no longer in status, the I-94 becomes invalid, whether or not it has expired. My position (and, apparently, others also) is that unlawful presence begins to accrue immediately when the I-94 becomes invalid.

Now, this isn't going to be an issue for the OP because he's been out of status and accruing unlawful presence for less than 90 days so far. So, he's not yet subject to the 3-year ban. Assuming he leaves and re-enters the US with a new TN visa prior to the end of October, he should be fine.

Now, as to the cable: If you're applying for a visa at a US Consulate abroad, you'll definitely come into contact with a conoff - and in that case, I agree with the cable info. However, that doesn't happen when you try to renew a TN visa at the border - so the cable info doesn't come into play.

Ian
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Old Jul 18th 2016, 3:03 pm
  #20  
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Default Re: Change TN status by port of entry

Further, the employer is supposed to notify USCIS that the employee is no longer working for them, USCIS would then revoke the petition, at which point the condition listed by the DOS cable "A formal finding by an INS officer" would be satisfied.

In general, it is best to assume you lost both status and lawful presence at the same time - and that it is not a good idea to stay in the US if you are not authorized to do so.
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