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TN & TD renewal problems (TD visa?)

TN & TD renewal problems (TD visa?)

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Old Jun 23rd 2002, 1:20 am
  #1  
Grassy Knoll
Guest
 
Posts: n/a
Default TN & TD renewal problems (TD visa?)

I am a Can citizen working in the US with my wife ( Polish citizen ) on TD status.

We tried to renew our TN/TD this weekend at the border but were not allowed
to because

1. INS insisted on us leaving the US (going to Canada) before they would renew. My
wife does not have a Can. citizenship or Can. visa.
2. We were told she needs a TD VISA (yes not TD status on her I-94) to enter the US
after she leaves.

This is the first time a TD visa has been mentioned even though we have renewed once
before. When she first came to the US through Poland, the US consulate had no idea
what TN/TD was and gave her a B2 tourist visa with the instruction that TN/TD can
only be obtained at the POE.

A quick google search found the following.....

    >She can renew her TD status on her I-94 by mail. See the Canada to U.S. Business
    >Immigration FAQ for the pros and cons of mail vs. port of entry renewal:
    >http://www.grasmick.com/canimfaq.htm
    >
    >If she leaves the country she will need a TD visa to come back to the U.S. "Going to
    >the border to get a TN" is a departure, since border TNs are only given upon a U.S.
    >entry. Therefore, if she goes to the border she will need a visa.
    >
    >Joe

.....from I believed Joseph C. Grasmick of http://www.grasmick.com/ fame.

From this, I understand that with TD status my wife is allowed to stay in the US but
not leave and return. Strange???? especially since she has travelled abroad at least
once without a valid visa (her B2 expired in July '01)

We will most likely be "extending" our TN/TD via mail, but then will she be able to
travel out of the US without a "TD visa"?

Can someone please help? We have family abroad and travel often. I need to renew the
TN/TD by June 26th 02, and have no idea where to get a TD visa (INS at the border
suggested she fly to Poland).

Michal
 
Old Jun 23rd 2002, 2:20 am
  #2  
Stuart Brook
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Posts: n/a
Default Re: TN & TD renewal problems (TD visa?)

Grassy Knoll wrote:
    >
    > I am a Can citizen working in the US with my wife ( Polish citizen ) on TD status.
    >
    > We tried to renew our TN/TD this weekend at the border but were not allowed
    > to because
    >
    > 1. INS insisted on us leaving the US (going to Canada) before they would renew.
    > My wife does not have a Can. citizenship or Can. visa.
    > 2. We were told she needs a TD VISA (yes not TD status on her I-94) to enter the
    > US after she leaves.
    >
    > This is the first time a TD visa has been mentioned even though we have renewed
    > once before. When she first came to the US through Poland, the US consulate had no
    > idea what TN/TD was and gave her a B2 tourist visa with the instruction that TN/TD
    > can only be obtained at the POE.
    >
    > A quick google search found the following.....
    >
    > >She can renew her TD status on her I-94 by mail. See the Canada to U.S. Business
    > >Immigration FAQ for the pros and cons of mail vs. port of entry renewal:
    > >http://www.grasmick.com/canimfaq.htm
    > >
    > >If she leaves the country she will need a TD visa to come back to the U.S. "Going
    > >to the border to get a TN" is a departure, since border TNs are only given upon a
    > >U.S. entry. Therefore, if she goes to the border she will need a visa.
    > >
    > >Joe
    >
    > .....from I believed Joseph C. Grasmick of http://www.grasmick.com/ fame.
    >
    > From this, I understand that with TD status my wife is allowed to stay in the US
    > but not leave and return. Strange???? especially since she has travelled abroad at
    > least once without a valid visa (her B2 expired in July '01)
    >
    > We will most likely be "extending" our TN/TD via mail, but then will she be able to
    > travel out of the US without a "TD visa"?
    >
    > Can someone please help? We have family abroad and travel often. I need to renew
    > the TN/TD by June 26th 02, and have no idea where to get a TD visa (INS at the
    > border suggested she fly to Poland).
    >
    > Michal

Your problem is the confusion between "status" and "visa", and INS confusion with
their own rules (even the INS don't always know their own rules!)

A visa is permission to seek entry. Status is granted on entry.

A lot of consulates / embassies do not have a grasp of what a TD visa is (it's rare
since it only applies to non-citizen spouses of Canadian Citizens). Some will issue a
TD visa, others will issue a B2 visa, which will usually be accepted on entry in lieu
of a TD visa.

A Canadian Citizen TD can leave and enter with no visa, as can TDs who are PRs of
Canada who are from commonwealth countries. (confused?) BUT others, such as your
spouse do require a current TD or B2 visa to seek entry. That she has left and
re-entered in the past without a current visa is luck!

As long as your TN/TD status is current (if it has expired, you're both in trouble!)
you can apply by mail. Your spouse, the next time she leaves the USA must get a visa.
She may be able to get one from a US embassy in Canada, but first she'll have to get
a visitor's visa for Canada, which may prove a problem all by itself.

If your status is NOT current, you'll both have to leave, get new status for you,
visa for her.
 
Old Jun 23rd 2002, 10:20 am
  #3  
Grassy Knoll
Guest
 
Posts: n/a
Default Re: TN & TD renewal problems (TD visa?)

Thanks again Stuart,

A Canadian tourist visa is not a problem, but I fear that a TD visa will be a chore
to get from a US consulate in Canada. Especially if it has to be renewed everytime
her TD is renewed.

Do you know if a US consulate in Can. can grant a visa the same day it is applied
for, or is there an interview followed by consideration for days/weeks before the
visa is granted?

Mike "Stuart Brook" <[email protected] > wrote in
message news:[email protected]...
    > Grassy Knoll wrote:
    > >
    > > I am a Can citizen working in the US with my wife ( Polish citizen ) on
TD
    > > status.
    > >
    > > We tried to renew our TN/TD this weekend at the border but were not
allowed
    > > to because
    > >
    > > 1. INS insisted on us leaving the US (going to Canada) before they
would
    > > renew. My wife does not have a Can. citizenship or Can. visa.
    > > 2. We were told she needs a TD VISA (yes not TD status on her I-94) to enter the
    > > US after she leaves.
    > >
    > > This is the first time a TD visa has been mentioned even though we have renewed
    > > once before. When she first came to the US through Poland, the
US
    > > consulate had no idea what TN/TD was and gave her a B2 tourist visa with
the
    > > instruction that TN/TD can only be obtained at the POE.
    > >
    > > A quick google search found the following.....
    > >
    > > >She can renew her TD status on her I-94 by mail. See the Canada to U.S. Business
    > > >Immigration FAQ for the pros and cons of mail vs. port of entry renewal:
    > > >http://www.grasmick.com/canimfaq.htm
    > > >
    > > >If she leaves the country she will need a TD visa to come back to the U.S.
    > > >"Going to the border to get a TN" is a departure, since border TNs are only
    > > >given upon a U.S. entry. Therefore, if she goes to the border she will need a
    > > >visa.
    > > >
    > > >Joe
    > >
    > > .....from I believed Joseph C. Grasmick of http://www.grasmick.com/
fame.
    > >
    > > From this, I understand that with TD status my wife is allowed to stay
in
    > > the US but not leave and return. Strange???? especially since she has travelled
    > > abroad at least once without a valid visa (her B2 expired in
July
    > > '01)
    > >
    > > We will most likely be "extending" our TN/TD via mail, but then will she
be
    > > able to travel out of the US without a "TD visa"?
    > >
    > > Can someone please help? We have family abroad and travel often. I
need to
    > > renew the TN/TD by June 26th 02, and have no idea where to get a TD visa (INS at
    > > the border suggested she fly to Poland).
    > >
    > > Michal
    >
    > Your problem is the confusion between "status" and "visa", and INS confusion with
    > their own rules (even the INS don't always know their own rules!)
    >
    > A visa is permission to seek entry. Status is granted on entry.
    >
    > A lot of consulates / embassies do not have a grasp of what a TD visa is (it's rare
    > since it only applies to non-citizen spouses of Canadian Citizens). Some will issue
    > a TD visa, others will issue a B2 visa, which will usually be accepted on entry in
    > lieu of a TD visa.
    >
    > A Canadian Citizen TD can leave and enter with no visa, as can TDs who are PRs of
    > Canada who are from commonwealth countries. (confused?) BUT others, such as your
    > spouse do require a current TD or B2 visa to seek entry. That she has left and
    > re-entered in the past without a current visa is luck!
    >
    > As long as your TN/TD status is current (if it has expired, you're both in
    > trouble!) you can apply by mail. Your spouse, the next time she leaves the USA
    > must get a visa. She may be able to get one from a US embassy in Canada, but
    > first she'll have to get a visitor's visa for Canada, which may prove a problem
    > all by itself.
    >
    > If your status is NOT current, you'll both have to leave, get new status for you,
    > visa for her.
 
Old Jun 23rd 2002, 4:20 pm
  #4  
Stuart Brook
Guest
 
Posts: n/a
Default Re: TN & TD renewal problems (TD visa?)

Grassy Knoll wrote:
    >
    > Thanks again Stuart,
    >
    > A Canadian tourist visa is not a problem, but I fear that a TD visa will be a chore
    > to get from a US consulate in Canada. Especially if it has to be renewed everytime
    > her TD is renewed.
    >
    > Do you know if a US consulate in Can. can grant a visa the same day it is applied
    > for, or is there an interview followed by consideration for days/weeks before the
    > visa is granted?

She only needs to get a new visa when she needs to leave the USA to re-enter.

I don't believe they do same day visas ... TD visas are rare.
 
Old Jun 23rd 2002, 6:20 pm
  #5  
Grassy Knoll
Guest
 
Posts: n/a
Default Re: TN & TD renewal problems (TD visa?)

So if we want to take a trip up to Whistler from Seattle or say even to Europe, she
would need a valid TD visa to re-enter the US even though her TD status is up to date
(ie her I-94 is valid on the day of her return to the US).

Thanks.

Mike

"Stuart Brook" <[email protected] > wrote in message
news:[email protected]...
    > Grassy Knoll wrote:
    > >
    > > Thanks again Stuart,
    > >
    > > A Canadian tourist visa is not a problem, but I fear that a TD visa will
be
    > > a chore to get from a US consulate in Canada. Especially if it has to
be
    > > renewed everytime her TD is renewed.
    > >
    > > Do you know if a US consulate in Can. can grant a visa the same day it
is
    > > applied for, or is there an interview followed by consideration for days/weeks
    > > before the visa is granted?
    >
    > She only needs to get a new visa when she needs to leave the USA to re-enter.
    >
    > I don't believe they do same day visas ... TD visas are rare.
 
Old Jun 24th 2002, 5:20 am
  #6  
Stuart Gill
Guest
 
Posts: n/a
Default Re: TN & TD renewal problems (TD visa?)

In article <[email protected] >, Stuart Brook
<[email protected] > wrote:

    > Grassy Knoll wrote:
    > >
    > > Thanks again Stuart,
    > >
    > > A Canadian tourist visa is not a problem, but I fear that a TD visa will be a
    > > chore to get from a US consulate in Canada. Especially if it has to be renewed
    > > everytime her TD is renewed.
    > >
    > > Do you know if a US consulate in Can. can grant a visa the same day it is applied
    > > for, or is there an interview followed by consideration for days/weeks before the
    > > visa is granted?
    >
    > She only needs to get a new visa when she needs to leave the USA to re-enter.

It might even be less frequent than that. When I was in TN status and my non-Canadian
wife was in TD status she had a B2 visa which was valid for 5 years. The five year B2
visa was issued by a US consulate in her home country when we requested the TD visa -
they didn't have a TD visa nor had they heard of it but in the past they had issued a
B2 visa for this situation so that's what they did for us. We had no interview but
just presented out documents at the window and were issued the visa the same day but
we had made an appointment a long time in advance.

Stuart (a different one)
 
Old Jun 24th 2002, 4:20 pm
  #7  
Stuart Brook
Guest
 
Posts: n/a
Default Re: TN & TD renewal problems (TD visa?)

Grassy Knoll wrote:
    >
    > So if we want to take a trip up to Whistler from Seattle or say even to Europe, she
    > would need a valid TD visa to re-enter the US even though her TD status is up to
    > date (ie her I-94 is valid on the day of her return to the US).
    >
    > Thanks.
    >
    > Mike

To Canada, possibly not under the terms of visa revalidation (although that had been
suspended for a while). Outside N. America, absolutely needs a new visa. You must not
leave the US if your renewal is in progress though.
 

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