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 extend your stay by filing USCIS Form I-129. Automatic visa revalidation may even allow you to travel under certain circumstances. This blog post breaks down this process to help you understand how to manage your U.S. stay with an expired TN visa stamp.
Understanding Visa and Status
First, it’s crucial to distinguish between a visa and status. A visa is a stamp on your passport that allows you to seek entry into the United States. It’s a travel document that permits you to arrive at a U.S. port of entry. On the other hand, your status is determined by the I-94 Arrival/Departure Record you receive when you enter the U.S. This document specifies the duration of your authorized stay. Therefore, even if your visa stamp has expired, as long as your I-94 status is still valid and you have complied with the terms of your stay, you are legally allowed to remain in the country.
Understanding USCIS Form I-129
USCIS Form I-129 is essential for non-immigrants in the United States looking to extend their stay without needing a new visa. This form is used to apply for an extension of TN Visa status. By submitting Form I-129 before your I-94 expires, you ensure that you remain in legal status, even if your visa stamp has expired. It’s essential to maintain your status by extending it, changing it, or applying for an adjustment of status to a permanent resident. Properly managing your status with Form I-129 allows you to continue living and working in the U.S legally..
Traveling with Automatic Visa Revalidation
If your visa stamp has expired but you need to travel outside the U.S., you might benefit from automatic visa revalidation. This policy allows certain non-immigrants with expired visas to travel to Canada, Mexico, or adjacent islands (excluding Cuba) for less than 30 days and return to the U.S. without obtaining a new visa stamp. Under these conditions, you can re-enter the U.S. even with an expired visa stamp. However, automatic visa revalidation has limitations. It does not apply if you apply for a new visa during your trip and your application is denied. Additionally, nationals from countries identified as state sponsors of terrorism are not eligible for this provision. Always verify your eligibility and meet all requirements before planning your travel.
Consult with an Immigration Attorney
As with all immigration matters, details matter. Always consult with an immigration attorney to understand your situation better and ensure you’re following the correct process to maintain your status in the U.S. This blog post is a starting point. Still, every case is unique and might require a different approach.
Schedule a Consultation with an Immigration Lawyer
Citations
- 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 contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide 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 to assess your legal situation.
