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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10895
Experience:  Write FOR JAMES to get my help!
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My i94 has expired and I forgot to renew my tn visa...I have

Customer Question

My i94 has expired and I forgot to renew my tn visa...I have the letter from my employer but forgot to take it to the border to get an extension on my ten. It expired in April 2015... Will I not be able to return to the U.S?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

During this process, please remember that I do not work for the government. My job is to be honest with you about your situation, and sometimes that means I have to deliver bad news. When you are giving a rating, please do not rate the state of the law or the outcome of your situation. I cannot control those things. I am just a messenger.

I know a negative outcome might create negative feelings for you, but those feelings should be directed to the US laws, not me. Thank you for your understanding.

ANSWER: According to the law, you accrued sufficient unlawful presence to warrant a 3-year ban from returning to the US. (Reference: INA § 212 (a)(9)(B))

So you will likely have a difficult time getting back. The only option available will be to apply at the US consulate abroad, with approval of a nonimmigrant visa waiver (Hranka Waiver), seeking to waiver the inadmissibility for the accrual of unlawful presence, as well as the unauthorized employment.

The problem here is that you might face a situation where it is difficult to claim that you do continue to maintain nonimmigrant intent, as your overstay can sometimes tend to indicate a desire to remain in the US permanently. So you will have to prepare a strong waiver case explaining that you did not intend to remain permanently in the US, so that you can continue to show you have temporary nonimmigrant intent, which is a requirement of theTN.

I urge you to leave the US immediately, so that you are not dragging this out for longer. The longer you remain unlawfully, the more difficult it will be to come back.

You definitely should contact an attorney who can assist you with this.

I know these issues can be confusing. If you want to talk on the phone for a fee, I can send you an offer for that.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

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If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to help you and we can close this question.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

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