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A TRUE CHALLENGE!!! - TN Expiry, HR Mistake.

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jacuzzif

Junior Member
What is the name of your state?State - California

First time user, Great Site!!

Here is a serious challenge for the long time contributors to the site:

Worker has been working in the USA since 2001 under the renewable TN Visa (typical renewal time was May each year). In 2003, there was a request for information to clarify work scope. After responding to the request, the TN Visa was approved for 2004 in mid JULY (but retroactive to original submission date in MAY). Therefore, new expiry was May 15, 2004.

HR Department submitted in LATE JUNE, (mistakenly assumed a year renewal from approval July date). D.H.S. took the alloted 120 days to send response. Responded with 3 options a) withdraw request due to late submission, b) provide evidence of approved temporary status from May 2004 to June 2004, or c) submit extraordinary circumstances.

HR Dept. submitted story above (received 2003 approval in July, and mistakenly submitted late). D.H.S. took alloted 120 days and responded with a denial in Feb. 2005.

Upon legal consultation, due to the late submission of 2 months, and the total D.H.S. processing time of 6 months, the visa worker is now technically 9 months out of status and is subject to 3 year ban.

Management & Visa Worker are obviously shocked & dissapointed at HR (worker did not travel in 2003/4, and did not memorize expiry date due to lack of travel activity).

Considering the Visa worker is unique and desperately needed by US sponsor, what is the advice given to legalize status with the intention of re-working in the U.S. (Type of Visa & Money Required no object).

Thank You.
 


ImmigAttyLana

Senior Member
At this point, there is really not much that can be done, given the length of time of being out of status and having accrued unlawful presence. Why did not the person simply leave and process for the new TN at the border as soon as the error was discovered? Why go through the Service Center?

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
 

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