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  • Proof of Legal status in the US (TN VISA)

    Hello, guys need some help here,

    I have recently applied for a new OCI application at the San Fransisco office.
    I am a Canadian Citizen currently working in the US on a TN Status. As per the North American Free Trade Agreement, Canadian Citizens do not need a visa to work in the USA. Therefore, my passport does not have a visa stamp.
    The ONLY proof I have to support my status (TN Status) in the US is the I-94 (admission record) and offer of employment from the US employer.
    VFS has put my application on hold, asking for "Landing papers" or any other document, which I do not have.
    I have already provided them a letter explaining the situation along with my passport and I-94 copy (they say that I-94 is not permissible).

    Kindly help!!!
    ​

  • #2
    What they're saying doesn't make sense, since even if someone entered on a visa, it could have expired or been lost. And a valid visa does not mean you are in status anyway. The only thing that proves status is your I-94. Maybe they are using the word "visa" in a sloppy way to mean I-94?

    I don't know what else to suggest except maybe attach an excerpt of 9 FAM 201.1-3(B), which describes how Canadian citizens are exempt from all nonimmigrant visas except E, K, V, and S.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      What they're saying doesn't make sense, since even if someone entered on a visa, it could have expired or been lost. And a valid visa does not mean you are in status anyway. The only thing that proves status is your I-94. Maybe they are using the word "visa" in a sloppy way to mean I-94?

      I don't know what else to suggest except maybe attach an excerpt of 9 FAM 201.1-3(B), which describes how Canadian citizens are exempt from all nonimmigrant visas except E, K, V, and S.
      Thanks for taking the time to respond. After explaining them for several hours VFS is still requesting for landing papers (not sure what those are other than an I-94). I feel stuck in this situation. I wonder if there was a way to escalate.

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      • #4
        Sorry for your situation. Can you try to get an appointment and go in person and explain the situation? Just a suggestion. I would even suggest going to the consulate and explaining it. The person on the phone is probably using a standard checklist and repeating the same.

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