Friend's Tn visa expired 1 month ago....

My friend's TN visa expired 1 month ago, so he is obviously out of status. What will happen when he goes back to Canada? He was not rehired so he will be going back to Toronto to get a TD as his wife has her own TN visa.


I have heard that being out of status for 3 months means you are banned for 3 years but what happens if you are out of status for 1 month or 2?

Will he banned for a shorter time? Will he be able to get back in because of his wife?

Thank you.

The 3 year bar requires more than 6 months of overstay, so he can't be statutorily barred when attempting to re-enter the U.S. On the other hand CBP may treat his overstay as a negative factor and take some type of action accordingly.