Change TN status by port of entry
Hello, I am planning to go a nearest port to change my TN status as i have changed my employer...My query is can I go to a nearest port of entry from San Jose to exit USA and just re-enter USA without entering another country like Canada OR is it mandatory to enter Canada and re-enter USA?
Thanks, Andrew |
Re: Change TN status by port of entry
Think about it. It's impossible to leave the USA without entering another country!
AFAIK, there is no no-man's-land between countries! |
Re: Change TN status by port of entry
Originally Posted by Guindalf
(Post 12002587)
Think about it. It's impossible to leave the USA without entering another country!
AFAIK, there is no no-man's-land between countries! |
Re: Change TN status by port of entry
Originally Posted by andrew_7
(Post 12002537)
... can I go to a nearest port of entry from San Jose to exit USA...
Ian |
Re: Change TN status by port of entry
Originally Posted by ian-mstm
(Post 12002605)
Yes... you'll very likely end up in Mexico. That's okay, though... because the TN visa is issued under NAFTA. I'll let you look that up and figure out why your question is a bit silly!
Ian |
Re: Change TN status by port of entry
Originally Posted by andrew_7
(Post 12002610)
What if he does not...
... will I go back to Mexico or Canada where I have my citizen... I figured out all these ports do not process TN. Ian |
Re: Change TN status by port of entry
[QUOTE=ian-mstm;12002622]Do you have any real reason to suspect you no longer qualify for a TN visa? Otherwise, you seem to be working yourself into a frenzy over nothing.
Ian great reply. Thanks. I got laid off with the current contract which ended on April 28 but actually it was suppose to end by November 30, 2016. Now i found full time job in USA so I am getting a new TN by crossing border. I am not sure with the current TN status would grant me new TN, so I am bit worried. |
Re: Change TN status by port of entry
Originally Posted by andrew_7
(Post 12002635)
I got laid off with the current contract which ended on April 28 but actually it was suppose to end by November 30, 2016.
This would have been useful information to have in your first post! Apparently, you didn't think it was important enough to mention! I am not sure with the current TN status would grant me new TN, so I am bit worried. Ian |
Re: Change TN status by port of entry
Originally Posted by ian-mstm
(Post 12002660)
Ah! Well then, you're right to be concerned. There's no way to know, in advance, what's going to happen. Ian |
Re: Change TN status by port of entry
Originally Posted by andrew_7
(Post 12002661)
Will this overstay create problem for my nw TN?
Ian |
Re: Change TN status by port of entry
At this point you must leave as soon as possible. You risk incurring the 3 year bar. If you are Canadian, best go to Canada to apply.
|
Re: Change TN status by port of entry
Originally Posted by jxv73
(Post 12002667)
At this point you must leave as soon as possible. You risk incurring the 3 year bar.
Ian |
Re: Change TN status by port of entry
Originally Posted by ian-mstm
(Post 12002688)
To incur a 3-year ban he'd need to overstay by 180 days or more. He is out of status... and that's never good! If, for example, he got picked up for jaywalking, he could end up being removed from the US... perhaps forcibly.
Ian Can someone that knows for certain chime with the correct answer? (I understand being out of status is not good, but this is very specific to the wording that triggers the ban.) Thanks! |
Re: Change TN status by port of entry
If the I-94 is D/S, an immigration agent has to make a formal declaration that your status has ended to start accruing the days of unlawful presence that trigger the 3-year ban. This could be as simple as a termination of the SEVIS record.
For the H-1 scenario described by the OP, the moment USCIS revokes the petition the I-94 is no longer valid and the OP begins to accrue unlawful presence. USCIS AFM 40.9 section 212 has some examples |
Re: Change TN status by port of entry
Originally Posted by A I
(Post 12004365)
I beleive the entry bar applies only 180 days AFTER the date on the i-94.
If you lose status at another time, but your i-94 is still good, it was my understanding the entry ban did not apply, and it would not until after 180 days from the date on the i-94 if one exists. F1 with D/S stamps would not trigger the ban, for example. Ian |
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