Make Sure Passports Valid for Entire Period of TN Stay
Tuesday, June 16, 2009 at 06:37PM CBP Enforcing Passport Validity Rule for Border TN Applications
In order to enter the U.S. a foreign citizen must present a passport that is valid for a minimum of six months from the expiration date of the contemplated period of stay. INA § 212 (a)(7)(B)(i); 8 C.F.R. § 214.1(a)(3)(i).
The law previously exempted Canadian citizens from presenting a passport in order to enter the U.S. 8 C.F.R. § 212.1(a)(1). With the full implementation of the Western Hemisphere Travel Initiative on June 1, 2009, citizens of Canada are now generally required to present a passport for entry to the U.S.
This has resulted in a processing change for TN border applications. In the past, Canadian citizens presented a passport only to document that the applicant met the citizenship requirements for NAFTA. The passport was not required as an entry document. As result of the WHTI, CBP now requires Canadian citizens to present a passport that is valid for the entire period of the proposed stay.*Otherwise, CBP may limit the applicant’s TN I-94 to the expiration date of the individual’s passport.
Different passport rules apply for petitions requesting an extension of or change to TN visa status. Foreign citizens applying for an extension of status (EOS) or change of status (COS) must have a passport that is valid at the time of filing the petition. 8 C.F.R. § 214.1(a)(3). The passport does not have to be valid for the entire length of time requested in the EOS or COS. The regulations only require that the individual “agree to maintain the validity of his or her passport.” Id. If the passport will expire prior to the proposed period of stay, the individual must eventually obtain a new passport. USCIS should not limit the petition’s validity period to the expiration date of the passport.
*Citizens of Canada still enjoy a partial exemption from the requirements of INA § 212 (a)(7)(B)(i). Canadian citizens only need to have a passport valid for the proposed period of stay. They do not need to have a passport valid for six months beyond their period of admission. 9 FAM § 41.104 n.2.1.
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Reader Comments (4)
"Different passport rules apply for petitions requesting an extension of or change to TN visa status. Foreign citizens applying for an extension of status (EOS) or change of status (COS) must have a passport that is valid at the time of filing the petition. 8 C.F.R. § 214.1(a)(3). The passport does not have to be valid for the entire length of time requested in the EOS or COS. The regulations only require that the individual “agree to maintain the validity of his or her passport.” Id. If the passport will expire prior to the proposed period of stay, the individual must eventually obtain a new passport. USCIS should not limit the petition’s validity period to the expiration date of the passport."
Is this referring to filing an EOS via mail to USCIS? Or also when going to the border and getting a TN (continuing at the same employer & job) Or is it when you go to the border it is not considered filing an EOS, but applying for a new TN, therefore the passport must be valid for the complete duration of the TN Visa (3years+6months)
Thank you,
Ryan
Note that Canadian citizens only need to have the passport valid for the three years, and not the additional six months.
When you filed for your TN through USCIS, you were required to only have a valid passport and agree to keep it valid during the validity period of your TN.
Once you depart the U.S. and try to re-enter you will now be subject to the passport rules governing admissions to the U.S. So it is possible a CBP officer may issue you a new I-94 limiting your TN stay until the expiration date in your passport (Sept. 2010). You would then have to obtain a new passport and a new I-94 at the border for the remainder of your TN petition validity period (2012).
The passport admission rules are still not uniformly applied to Canadian citizens. So it's possible you'll still be issued an I-94 valid until 2012 when you return to the U.S. You can ensure you'll receive the maximum I-94 period by renewing your passport before your trip if possible.