Both my wife and I are Canadian. This year,my company hired a lawyer for my TN visa extension and my family's TD extension. This laywer just submitted my TN visa application and forgot filing my family's TD case. I wasn't aware of it until my TN has been approved after the expiration day. In order to covering his mistake, this lawyer submitted my family's application in a hurry, however, as my family's TD visas have expired, he has no way to file a TD extension but a file for a Canadian citizen B2 visa changing to TD visa. Since we haven't Canada home address and my child attends school in the States, we don't think that we are eligible as vistors with B2 and I am not sure if my family has to re-enter into USA as visitors.
I wonder if somebody is knowledgible for this situation. Should I co-operator with the current lawyer or my family has to go to USA Embassy in Canada to explain this sitation and get their TD status?

Thanks a lot!

Yes.. I would approach the embassy to get the correct procedure to fix the situation.


No I would not put any more faith in that lawyer, he is a screw up. YOu might want to get a consult with another attorney however to see what he recommends. make sure it is someone with experience in filing tn/td

Canadian TN and TD status holders are visa exempt so their change of status cases can be adjudicated at any US Class "A" ports of entry (as opposed to others that need passport-stamped visas, hence, a consular process at a US Embassy/Consulate is necessary). Being so, TD status holders may just go out of the US and reenter at a Class A port of entry using as proof of eligibility the principal TN holder's I-129/TN approval notice. Aside, of course, from proof of immediate relative relationship with the TN principal alien.

This message has been edited. Last edited by: Rough Neighbor,

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ply

Thanks, 4now and Rough Neighbor. It means so much for my family.
By my experience for TN visa application at port of entry, some officers are very cold and seems less professioal. They may just refuse my family's TD application based on the reality that my family didn't return their I-94 after it expired and stayed in USA without effective document. Is there some automatic extension stay after TD expired?

You may try filing Form I-539 for their extension without leaving the US, but I think its approvability is highly discretionary especially if there's a gap between their last day and the filing date. No, there's no automatic extension of any nonimmigrant status as of now. There used to be a "visa revalidation procedure" before in Washington DC but it was already scrapped about three or four years ago.