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 ...

Canadian Expatriate and Travellers Forum Index -> Canadians in the USA -> US Visas and Immigration

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goldie75
New Member

Joined: 01 Jan 2007
Posts: 3
Location: Los Angeles,CA

Posted: Sun Dec 30, 2007 11:40 pm

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.
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Goldie, from Montreal living in L.A

Christopher G. Rizzo, Esq
CanuckAbroad VIP

Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Mon Jan 07, 2008 2:15 pm

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.
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com