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weird situation - TD visa renew while in US for non-citizen wife and kid

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  • weird situation - TD visa renew while in US for non-citizen wife and kid

    I'm in situation and running out of time. just got new TN and want to apply for wife and kid to renew their TD. they're with me in US. now issue is my wife's PR is expired and kid doesn't have Canadian PR nor citizenship. can they enter Canada from border to get new TD from Toronto US Consulate ?
    thanks in advance.

  • #2
    Originally posted by immeer View Post
    I'm in situation and running out of time. just got new TN and want to apply for wife and kid to renew their TD. they're with me in US. now issue is my wife's PR is expired and kid doesn't have Canadian PR nor citizenship. can they enter Canada from border to get new TD from Toronto US Consulate ?
    thanks in advance.
    First of all, visas are just for entering the US. If they don't need to leave and re-enter the US, they don't need visas. They can extend their status from inside the US, by filing I-539 for Extension of Status (it does cost a few hundred dollars).

    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
      First of all, visas are just for entering the US. If they don't need to leave and re-enter the US, they don't need visas. They can extend their status from inside the US, by filing I-539 for Extension of Status (it does cost a few hundred dollars).
      Thanks for the reply. I did renew last time by filing I539 and it took extra long time 10 months to renew. if I go to Canada I'm assuming to get it in day or 2. Thanks

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      • #4
        Originally posted by immeer View Post
        Thanks for the reply. I did renew last time by filing I539 and it took extra long time 10 months to renew. if I go to Canada I'm assuming to get it in day or 2. Thanks
        But why does it matter how long it takes if they are not leaving the US? They can stay in the US for as long as it is pending.

        Your wife can return to Canada as a Canadian permanent resident. If her card has expired, she can show other evidence of permanent residency if entering by private car, or get a Canadian Permanent Resident Travel Document to return to Canada if entering by some kind of carrier.

        Where and when was your child born? Were you a Canadian citizen when he/she was born? If so, he/she is already a Canadian citizen unless you are a Canadian citizen by descent.

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

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