If you’re a Mexican citizen in the United States and the TN visa stamp in your passport has expired, you might feel anxious about your stay. You need not worry, though, because the United States immigration system allows you to remain in the country as long as you maintain your status and continue to extend your stay by filing USCIS Form I-129. Plus, the concept of automatic visa revalidation may even allow you to travel under certain circumstances. This blog post breaks down this process to help you understand how you can manage your stay in the U.S. with an expired TN visa stamp.
Understanding Visa and Status
The first thing you need to remember is the difference between a visa and status. A visa, the stamp in your passport, merely allows you to seek entry into the United States. Your status, on the other hand, is determined by the I-94 Arrival/Departure Record that you receive when you enter the U.S., which dictates how long you can stay. So, while your visa stamp may have expired, if your I-94 status is valid, you’re legally in the country as long as you have maintained your status.
Acquiring Your CBP Form I-94 Record: A Comprehensive Guide
Navigating USCIS Form I-129
USCIS Form I-129 allows you to extend your status without the need for a new visa. It’s a form through which a non-immigrant in the United States applies for an extension of their TN Visa status. If you file Form I-129 before your I-94 expires, you’re considered to be in legal status in the U.S., even if your visa stamp has expired. As long as you continue to maintain your status (by extending it, changing it, or applying for adjustment of status to a permanent resident), you can continue to stay in the U.S. legally.
How do I get a TN visa status as a Mexican citizen?
Traveling with Automatic Visa Revalidation
But what happens if you wish to travel outside of the U.S. and your visa stamp has expired? That’s where automatic visa revalidation comes in. Automatic visa revalidation allows certain non-immigrants with expired visas to travel to Canada, Mexico, or adjacent islands (excluding Cuba), stay for less than 30 days, and return to the U.S. without having to obtain a new visa stamp. This means that despite having an expired visa stamp, you can still travel under these specific conditions.
However, bear in mind that automatic visa revalidation does not apply to all. For instance, it does not apply if you apply for a new visa during your short trip and the application is denied. Also, if you’re a national of a country identified as a state sponsor of terrorism, you can’t use this provision.
Navigating Travel with an Expired TN Visa as a Mexican Citizen
Consult with an Immigration Attorney
As with all immigration matters, details matter. Always consult with an immigration attorney to understand your specific situation better and to ensure you’re following the correct process to maintain your status in the U.S. This blog post is a starting point, but every case is unique and might require a different approach.
Schedule a Consultation with an Immigration Lawyer
Additional Outside Resources
- TN NAFTA Professionals
- USCIS: Form I-129, Petition for a Nonimmigrant Worker
- Automatic revalidation for certain temporary visitors
We Can Help!
You may have questions regarding TN Visa requirements. We invite you to reach out to our team at Richards and Jurusik for detailed guidance and assistance. Our goal is to provide you with the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today for an assessment of your legal situation.
