2

I am currently on a TN visa. I am on my two-week period, but taking a quick trip to Canada over the memorial weekend.

My last day would be on Tuesday the 4th (the day I return from Canada), and after that will remain for a week in the USA before departing back home.

Would it be better when returning to the USA to use my TN visa (as technically I will still work on the last day) or should I just use my B1/B2 visa instead?

I have paperwork that proves that I will leave the USA (plane ticket, contract for the new job, apartment lease in my home country).

  • 1
    What's your citizenship? – Alan Munn Aug 29 '18 at 17:37
  • 2
    If the question is should I work on a B1/2 visa, the answer is no. – Jacob Horbulyk Aug 29 '18 at 17:41
  • @Alan I am Mexican Although this answer should be also applicable for TN Canada – JJCS Aug 29 '18 at 18:52
  • @Jacob I am aware I should not work on a B1/B2 my question is more along the lines for the reentry to the country with which Visa should be easier/better as both are applicable in this particular scenario – JJCS Aug 29 '18 at 18:53
  • 1
    @phoog The practical differences are substantial, IMO even though the eligibility requirements are the same. As a Canadian I can turn up at a border with a job offer and my passport, pay my $50 and I'm admitted as TN. Mexican citizens need to apply for the visa at the US consulate. That's a big distinction. Furthermore, Canadian visitors to the US are truly visa free; there is no I94 record, but with a B1/B2 there is, as far as I'm aware. – Alan Munn Aug 30 '18 at 2:47
2

The TN visa requirements for Canadian and Mexican citizens aren't quite the same since Canadians don't need a B1/B2 visa, and can receive a TN visa at the border.

What is clear, however, is that if you are still employed on the date that you return from your trip, you must enter on the TN visa.

My understanding is that you are supposed to leave the country by the date your TN expires, and you can't stay longer unless you file to extend your status. For Canadians, this basically means simply leaving the US and coming back, and if you're in driving distance you could literally do that on the same day. Since you are Mexican and you already have a B1/B2 visa you should probably show it to US immigration and they will tell you what to do. According to the comment, they can't admit you on both statuses simultaneously; I don't know if it's possible for them to admit you on you TN until its expiry, and post-date another I-94 for the B1/B2 admission. If that's not possible you may need to go out and come back in again, so you might need a second trip to Canada (assuming it's close enough.)

  • 2
    CBP doesn't have the capability (legal nor technical) to admit a person on two statuses simultaneously. – krubo Aug 30 '18 at 0:29
  • @krubo Well I did say it was a guess. :) So if that's the case, it's not clear what will happen, possibly a second quick trip to Canada might be needed. A lot depends on the actual date on the TN, which isn't totally clear from the question. I've updated the answer though to reflect your comment. – Alan Munn Aug 30 '18 at 1:25
  • From what information is it clear "that if you are still employed on the date that you return from your trip, you must enter on the TN visa"? Can you offer a reference to support that statement? – phoog Aug 30 '18 at 4:13
  • @phoog I'm assuming that being employed violates the terms of the B1/B2 status. So if you still have a US job you can't come in as a visitor. But I'm happy to delete the answer if it's too speculative. – Alan Munn Aug 30 '18 at 4:53
  • Accepting this answer and will update regardless with the result for future reference – JJCS Aug 30 '18 at 13:17

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.