Overstay while on a TN Visa due to lay-off
Sep 20th 2003, 7:41 am
#1
Guest
Posts: n/a
Overstay while on a TN Visa due to lay-off
I'm a Canadian citizen who has been on numerous TN1 Visa (NAFTA) over the
past 6 years. My latest visa expired mid summer 2003 but was laid off from
that job Jan 2003. My family, who also have related Visas (spouse &
dependant type visas), have also stayed here with me over the same period.
So, I've been in the US, not working, living in my US home, child going to
school, etc...for these last 6 months or so.
Is this OK since I'm not working? I plan to get another TN or even an H1B
Visa once offered a job. Should I "quietly" move back to Canada and look for
work in both Canada & US from there. Comments anyone. Thanks!
- Transplanted Canadian
past 6 years. My latest visa expired mid summer 2003 but was laid off from
that job Jan 2003. My family, who also have related Visas (spouse &
dependant type visas), have also stayed here with me over the same period.
So, I've been in the US, not working, living in my US home, child going to
school, etc...for these last 6 months or so.
Is this OK since I'm not working? I plan to get another TN or even an H1B
Visa once offered a job. Should I "quietly" move back to Canada and look for
work in both Canada & US from there. Comments anyone. Thanks!
- Transplanted Canadian
Sep 21st 2003, 5:10 am
#2
Guest
Posts: n/a
Re: Overstay while on a TN Visa due to lay-off
You became "out of status" the day you were laid off. However, other
than the risk of being deported, this was basically a crime without a
punishment until your form I-94 expired. If you remain in the U.S. for
more 180 days after your form I-94 has expired, then leave, you will
be barred for returning to the U.S. for 3 years. Stay here for a year
after your I-94 expires, then leave, and you will be barred from
returning for 10 years. And you will have to leave if you want to get
TN or H-1B status. Therefore you should leave the U.S. as soon as you
reasonably can and definitely no more than 180 days after your form
I-94 expired.
Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 206/770-6350
The statements above have not been confirmed by legal research, and
are not intended as legal advice nor to create an attorney-client
relationship.
"Stuart Thomson" <[email protected]> wrote in message news:<[email protected] thlink.net>...
> I'm a Canadian citizen who has been on numerous TN1 Visa (NAFTA) over the
> past 6 years. My latest visa expired mid summer 2003 but was laid off from
> that job Jan 2003. My family, who also have related Visas (spouse &
> dependant type visas), have also stayed here with me over the same period.
> So, I've been in the US, not working, living in my US home, child going to
> school, etc...for these last 6 months or so.
> Is this OK since I'm not working? I plan to get another TN or even an H1B
> Visa once offered a job. Should I "quietly" move back to Canada and look for
> work in both Canada & US from there. Comments anyone. Thanks!
>
> - Transplanted Canadian
than the risk of being deported, this was basically a crime without a
punishment until your form I-94 expired. If you remain in the U.S. for
more 180 days after your form I-94 has expired, then leave, you will
be barred for returning to the U.S. for 3 years. Stay here for a year
after your I-94 expires, then leave, and you will be barred from
returning for 10 years. And you will have to leave if you want to get
TN or H-1B status. Therefore you should leave the U.S. as soon as you
reasonably can and definitely no more than 180 days after your form
I-94 expired.
Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 206/770-6350
The statements above have not been confirmed by legal research, and
are not intended as legal advice nor to create an attorney-client
relationship.
"Stuart Thomson" <[email protected]> wrote in message news:<[email protected] thlink.net>...
> I'm a Canadian citizen who has been on numerous TN1 Visa (NAFTA) over the
> past 6 years. My latest visa expired mid summer 2003 but was laid off from
> that job Jan 2003. My family, who also have related Visas (spouse &
> dependant type visas), have also stayed here with me over the same period.
> So, I've been in the US, not working, living in my US home, child going to
> school, etc...for these last 6 months or so.
> Is this OK since I'm not working? I plan to get another TN or even an H1B
> Visa once offered a job. Should I "quietly" move back to Canada and look for
> work in both Canada & US from there. Comments anyone. Thanks!
>
> - Transplanted Canadian
