Mexican TN Visa Worker I-94 Headaches Continue
One of the most nerve-wracking issues for Mexican TN visa workers (and their family members) has to do with USCBP border officers’ processing of their I-94 record, which is the document that governs their ability to reside and work in the U.S.
USCBP border officers frequently will issue different I-94 expiration dates when a TN visa worker or their family members re-enter the U.S. I will write a separate article on why this occurs and how to prevent it, but one of the ways to correct an erroneous I-94 expiration date is during a subsequent re-entry to the U.S. But as shown in the case below, sometimes this does not even work, and alternative options may need to be pursued.
I recently spoke to a Mexican TN visa worker who has an I-94 record valid for the next 2 years. During a prior entry to the U.S., for unexplained reasons the worker’s family members were issued TD status I-94 records for a shorter time frame. I advised that the family members try to correct this on a trip back to the U.S. When later attempting to do so, the inspecting USCBP border officer said that they cannot “update” the family’s status without the TN visa worker present. Is this true?
No. According to the TN regulations, 8 CFR 214.6 (j), family members of TN visa workers may be admitted to the U.S. either while accompanying the TN visa worker to the U.S., or after the TN visa worker has already entered the U.S. The latter procedure is known in immigration terms as “following to join.” In discussing a TN visa worker family members’ ability to accompany or follow to join the TN visa worker to the U.S., the regulations state that such individuals may be admitted or readmitted to the U.S. “for the same period of time granted to the TN nonimmigrant.”
Based on this provision, as long as family members have proof of their eligibility for TD visa status (and passports valid long enough) USCBP should issue I-94 records valid for the same time period as the TN visa worker’s I-94. Sufficient evidence of eligibility for TD visa status would consist of:
Original marriage certificate for a spouse
Original birth certificates for children showing both parents’ names
Proof of the TN visa worker’s status (e.g. copy of I-94 record, and employment confirmation letter or copies of recent pay stubs)
Given the issues this individual is having in obtaining corrected I-94 records for their family, we may suggest requesting correction through the other 2 means available:
Through a USCBP deferred inspection office, or