Options for traveling to Europe and re-entering the US with an expired TN visa but valid I94

Options for traveling to Europe and re-entering the US with an expired TN visa but valid I94 - Bridge over River in City

my main two questions are:

Can I travel to Europe having a ticket from US to Mexico and then another one from Mexico back to US (with 2 weeks difference) but going to Europe in the middle of those 2 flights (specifically, to Amsterdam)? Like kind of a trip to Europe and back but with a one day layover each way. I wonder if I would be able to re-enter the US after this trip or if I would have some problems at customs.

If not, do I have other options for traveling to Europe and coming back while having my TN expired but my I-94 valid? I was thinking of using my B1/B2 visa to re-enter the us (if that’s a possibility).

I checked other travel stackexchange questions and none of them are asking for the specifics of traveling to Europe with an expired TN and whether the trip is fine as long as I depart to and return from Mexico.

The whole background for my specific situation is:

I’m a Mexican citizen and I've been working in the US for a few years now (always legally), my latest TN visa expired more than a year ago and my current employer filled an I-797C form to extend my working period validity (the document is listed as a TN2 class request). After filling that form, I received an I-797A “approval notice” mentioning that the extension was approved and such document ha dan I-94 at the bottom valid until 2021.

I have already presented my expired TN visa together with the TN2 approval notice (which has the newest I-94) to re-enter the US after several short term (less than 30 days) trips to Mexico but I never left Mexico in any of those trips. This time I want to do the same but traveling outside of Mexico in the middle of my stay, I want to do this trip, I even bought my flight tickets already but after reading different sources I don’t know if I will be able to re-enter the US to continue working normally.

Another thing to keep in mind is that, I’m planning on changing my employer in about 2 moths (after the trip) for which I would need to apply for a new TN visa with my new employer and it doesn’t make sense for me to get another TN visa with my current employer (for being able to travel anywhere).

I was reading this official government site and it explicitly says that nonimmigrant visa holders may be admitted at CBP if they meet certain requirements like “Nonimmigrants who departed the United States for brief travel to Canada, Mexico”. I would technically be doing a brief travel to Mexico but not sure if I’m ok by leaving Mexico in the middle of such brief travel.

In the other hand, I was also reading this other official government site which makes me think I will actually face problems when re-entering because of the part that says “ The person did not visit any countries other than Mexico or Canada in that period.”.

So I’m really confused whether I should do this trip or not (again, the total trip is only 2 weeks) because I need to be able to re-enter the US after that.

If I can’t do this trip, I also believe there might be other ways of being able to travel that I’m not even aware of (other than requesting a new TN visa).

Also, I don’t know if using my B1/B2 for re-entering is valid (or even recommended).

So I’m asking for people expertise in here to know a real answer on whether I can or cannot proceed with my travel plans (and any alternatives, if not).

Thanks in advance for taking the time to read.



Best Answer

You can you use B1/B2 visa but if you enter with this visa, you will enter as a visitor. You will not be able to work in the US and must leave within the time stamped on the I-94. So if you are ready to go ahead and quit your job and just want to visit the US in the interim before returning to Mexico to apply for a new TN for your new job, this will work.




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Can I re enter the US with a valid I-94 and expired visa?

Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of valid admission stamp or paper Form I-94, because automatic revalidation applies to limited categories of travelers.

Can you enter the US with an expired visa?

Expiration of Visa vs. The status does not end when the visa expires. However, you will require a valid visa anytime you seek entry into the U.S. If your visa expires and you are traveling internationally, you will need to get a new visa before returning to the U.S.

Can I-94 be extended without leaving us?

You can submit an application for an extension of stay by mail or you can file online using USCIS ELIS for an extension of stay before the expiration date on your Form I-94.

How long can I be outside the US with a TN visa?

Reply: There is no specific time period governing how long a TN visa worker and his/her dependents may remain outside the U.S. and then seek re-admission \u2013 provided a return is made within the validity period of the TN/TD visa status (as evidenced on the I-94).



Visa Expiration Date vs. I-94: How Long Can I Stay In the United States?




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