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  • TD visa expired

    I just got a new TN Visa/I-94 with a new employer. My child's TD visa/ I-94 (associated with my old TN) expired as her Canadian passport expired in March. Her passport was sent for renewal in time (Jan 2022) but got delayed due to some back and forth as they had wanted some more information and we had to provide new pictures that delayed in us receiving her passport. Just recently (1.5 weeks ago) received her new passport and was advised that I can email to DHS with a copy of her expired i-94, new passport and the fedex receipt of her passport application to Canadian passport agency explaining them what had happened so that they can update her I-94. We're travelling overseas end of this month and will be returning in June. Can someone advise on whether emailing DHS is sufficient or is their something else I need to do prior to leaving US (Plan to get her TD stamped when reentering US in June).

  • #2
    anyone?

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    • #3
      An I-94 cannot be "updated"; it can only be extended by filing I-539 for Extension of Stay or Change of Status before the I-94 expires. The fact that the immigration officer limited the I-94 expiration to the expiration of her passport was correct, and it is in fact required by law. It was not a mistake and there is nothing to correct. The only thing she can do now is leave the US and re-enter, which it sounds like you guys are planning to do anyway.
      Last edited by newacct; 05-17-2022, 07:15 PM.

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

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      • #4
        Thanks!

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        • #5
          newacct About TD visa expired , does it matter which country we're returning from to get the TD stamped on her new passport at the US entry point?

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          • #6
            Originally posted by vcanadmin View Post
            newacct About TD visa expired , does it matter which country we're returning from to get the TD stamped on her new passport at the US entry point?
            It shouldn't matter. She can travel to a US port of entry from any country without a visa using her Canadian passport. At any US port of entry, she can be admitted into TD status with a copy of your TN I-94 and her birth certificate showing her relationship to you.

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

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