What is the Verdict?

Question:
Husband, who is a Canadian citizen, has been working in the US under a TN1 status (Visa). Wife, who is a Canadian permanent resident, had an appropriate TD Visa from a US Consulate. Husband's TN1 expired and applied for renewal to USCIS. USCIS reply is still in pending status for TN1. Wife's TD also expired. Wife applied 2 times to USCIS for TD renewal with appropriate documents while her TD was still valid. But USCIS could not renew TD because TN1 was not approved yet. Wife has been staying with husband in the US while waiting for TN1 response.

- Question is how will USCIS evaluate wife's stay in the US? Is it an illegal stay or OK?
- If wife is going to apply again for a new TD at any US Consulate, will they consider her previous stay in the US was illegal considering that husband got new TN1 approved?

I would answer this, but knowing that you don't like our advice, I won't.

Argue away.......

I would answer this, but knowing that you don't like our advice, I won't.

Argue away.......

Hey lawsrlaws,

Who told you that I don't like your advice? I think I did for sure. To be honest, I just wanted to make sure. And in doing so I came to know that you are an expert on the subject. I respect that.

So please let me know the answer, thanks.

by lawsrlaws » Wed Aug 19, 2009 12:37 am
I would answer this, but knowing that you don't like our advice, I won't.

Argue away.......

CO-SIGN

by lawsrlaws » Wed Aug 19, 2009 12:37 am
I would answer this, but knowing that you don't like our advice, I won't.

Argue away.......

CO-SIGN

what you mean?

Why didn't your husband just go to a land border crossing to get a new TN? That would have been a heckuva lot quicker than sending in an application to USCIS. Now you're both out of status.

What is your nationality? Would you normally need to have a visitor visa to be in the US? If so, then yes, you may be considered to be in the country illegally. You and your husband AFAIK.

Thanks Reba for the reply.
You are right that husband should have gone for TN at the boarder but it did not happen that way. Wife came to US through a TD visa from India based on her husband's TN1. Currently wife is a Canadian permanent resident.

Now husband has decided to travel to Canada as his TN1 is in pending status and wife is hinking to request for a TD visa at a US consulate in Canada. But the question is whether the US consulate would see her stay was illegal at the time of TD visa application.

they might yes. Unfortunately as these things are basically up to the mood and whim of whomever you happen to get at interview time, theres' no way anyone here can speculate as to what will happen.

It's subjective because you attempted to comply with the law and they were just slow. Also depends on the length of stay beyond the expiration of the status. It will be up to the consular officer to decide whether it was reasonable in the circumstances, e.g. why USCIS were slow. Bear in mind CBP also get a say in this, even if the visa is approved CBP make the final determination at the POE.

-- Tue Aug 25, 2009 11:56 am --

Bear in mind if your have TN-1 status now and USCIS are willing to renew her status in the US, she doesn't actually need a visa. She only needs a visa to enter the US. So her problem is limited to going outside the country.

by lawsrlaws » Wed Aug 19, 2009 12:37 am
I would answer this, but knowing that you don't like our advice, I won't.

Argue away.......

CO-SIGN

what you mean?

lawislaw,

Hey it looks like this one you & co. do not know, only REBA knows! I know that this is something beyond a boarder officer's knowlwdge.
That's why some officer may try to act by thier whim - meaning that they still need to evolve to become a human with 2 horns!!!