Posted: Wed Nov 12, 2008 10:13 am-
But you were in the country when he entered and applied, so they have no record of you leaving and your I-94 has now expired, correct? That's your problem, because now it appears you are out-of-status.
I suppose it boils down to whether he mentioned it when he entered, because there is no visa and there's nothing to physically apply for, the I-94 is it, pretty much. Even when you enter at a POE in TN-1/TD status the I-94 is actually optional, i.e. you only need to get one if you think you might have to re-enter in that status during the validity.
What I would say given that I'm not entirely clear what your situation is, is this - if you go through a POE and surrender your expired I-94 and then re-enter shortly afterward, it's not going to be in their system yet so they won't be aware of it. So basically it's very unlikely to come up so you're worrying about nothing really.
I read somewhere it takes months for I-94s to be transcribed into the USCIS system although I'm sure they're spending billions on some boondoggle to speed it up. (Oh yeah, ESTA, which doesn't apply to TN-1 entries.)
There's a guy who posted on here under the name of TNVisaExpert, might be worth sending him a PM.
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Steve.