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How to do an earlier termination of TN visa?

El Paso, TX |

I have a TN visa (mexican citizen) that was renewed on Nov '13, thus will expire on Nov '14. But I accepted a job back on Mexico and already quit my US employeer. Now I'm living on Mexico. How can I cancel my current TN visa? and what should I do with the I-94?

Attorney Answers 4

Posted

You should have returned the I 94 to the airline upon your departure flight from the US. If it is through the port of entry that you left either on foot or by car, then make sure to save everything and proof of your having started to work and live in Mexico. You may want to return to the port of entry and surrender your I 94 to CBP, with proof of your having lived and worked in Mexico since, you do not want the CBP and USCIS databases to have a record of you having never left the US after the date of your TN's expiration.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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4 comments

Asker

Posted

I left by car but I live on the border thus, I can go to US anytime so returning the I-94 will be easy. Now with the TN visa, should I cancel it before it expire? and everytime that I want to US as a tourist, shall I use the border crossing visa? or the TN even when I'm not working on US anymore?

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

No need to "cancel" anything. Cannot use a TN anymore. Use your valid BCC.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

It will lapse by itself.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Don't forget to designate a "Best Answer" to your question.

Posted

Now that you are back in Mexico, there is no need for you to do either.

Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Posted

If you already accepted the new employment and already terminated your employment in the US you do not have to cancel your prior TN visa and just let it expire by its expiration date if you so desire.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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Posted

You do not need to cancel or do anything. By leaving the employer that "cancel" the visa and status. Unless, of course you want to go back them and then the visa can be used again.

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