Change of status from TN to B2

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Chocolateaddict
Posts: 4
Joined: Sat Jun 09, 2007 3:33 pm

Change of status from TN to B2

Post by Chocolateaddict » Wed Jul 18, 2007 6:38 pm

Do we use I-539 to apply to change status from TN to B2?

Can this be done at the border?

The attorney advised to just drive up to the border 10 days after TN was cancelled and apply for change of status.

Due to job loss, we would like to apply for B2 to give time for interviews to pan out, pack up and move the family. We have a few months left on our lease and were going to ask for extension until then.

nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Wed Jul 18, 2007 6:55 pm

The advice to go to the border to get B2 was poor since, unless you have maintained a viable home in Canada, with phone, utilities etc in your name, you are unlikly to be readmitted in B2.

The correct procedure to get B2 is to to it by mail, from within US, the day you are laid off, by filing I-539, and staying put in US until you are sure that you can leave US and establish a home elsewhere. You request up to 6 months to "wrap up US affairs", in which time you can do what you wish (except leave the US).

The advice about 10 days would be if you were leaving for good.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

Chocolateaddict
Posts: 4
Joined: Sat Jun 09, 2007 3:33 pm

Post by Chocolateaddict » Wed Jul 18, 2007 7:29 pm

So given that we were given wrong advice and we assume the TN was withdrawn last week, what should we do now?

Interviews are lined up in both Canada and the US in the next week.

We are driving distance to the border.

Chocolateaddict
Posts: 4
Joined: Sat Jun 09, 2007 3:33 pm

Post by Chocolateaddict » Wed Jul 18, 2007 7:30 pm

Is it possible to get 90 day visa waiver?

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Thu Jul 19, 2007 5:49 am

There is not much you can do except hope that border guy will llet you in. The mail in was not a viable option for you anyways since you were going to leave US.

You don't get Visa, as a cdn, so no visa waiver is needed and wouldn't do any good. What you need is a reason to enter, and solid proof you will leave. You will face this each tme you cross until you either establish a Cdn home, or get a new TN.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

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