FAQ: Can I Enter The U.S. With An Expired TN Visa Stamp?
Question: I am a citizen of Mexico, and my TN visa stamp expired in 2020. My employer filed an I-129 petition to extend my TN visa status, and this was approved. I now have an I-797 approval notice with I-94 record valid until 2023. Can I travel to Mexico and re-enter the U.S. even though my TN visa stamp has expired?
Reply: Under the visa re-validation process, a Mexican citizen may be re-admitted to the United States with an expired visa stamp and a valid I-94 record in limited scenarios.
Visa Re-Validation: USCBP border inspectors may automatically extend the validity of an expired visa stamp so that an individual may re-enter the U.S. for the duration of his/her unexpired I-94 record. The visa re-validation provision procedure is only available under the following conditions:
An individual possesses a valid I-94 record.
Is visiting either Canada or Mexico for a period not exceeding 30 days.
Has maintained and intends to resume his/her non-immigrant status.
Is applying for readmission to the U.S. within the authorized period of stay (i.e. during the validity period of the I-94 record).
Has have a valid passport.
Does not need a non-immigrant waiver because of a ground of inadmissibility.
Has not applied for a new visa stamp while in Canada or Mexico.
Is not a national of a country Congress considers to support terrorism. See 22 C.F.R. § 41.112 (d).
However, the visa re-validation provisions are not always a guaranteed means of re-entry to the U.S., and I would exercise caution before relying upon this option. The best practice is always to secure a new TN visa stamp, if possible, prior to seeking re-entry to the U.S. in this scenario. An unexpired TN visa stamp is the most “durable” means of traveling to the U.S. because it reduces some of the USCBP border officer’s discretion in whether to allow your entry to the U.S.
The problem with using the visa revalidation provisions for re-entering the U.S. is that first, not many USCBP border officers are aware of the provisions. Often USCBP will question one’s ability to re-enter the U.S. without an unexpired visa. In some cases, they will even refuse the person re-entry to the U.S. (especially in the situation where the person possesses an expired visa in a different visa classification, which still qualifies for re-entry under the visa re-validation provisions). Second, even if aware of the visa re-validation provisions, individuals often have to spend several hours in secondary inspection while USCBP determines their eligibility for travel before they are allowed to enter the U.S.
In order to facilitate your re-entry to the U.S. under the visa re-validation provisions, I would recommend having the following documents on hand to produce to USCBP, if needed:
A letter from your employer confirming that you are still employed under the same terms and conditions as provided in your original TN application/petition, and referring to your unexpired I-94 record.
22 C.F.R. § 41.112 (d) - the federal regulations containing the visa re-validation provisions
U.S. Dept. of State, Automatic Revalidation
USCBP Memo, Automatic Revalidation of Visas (May 23, 2012) ("The validity of an expired nonimmigrant visa may be considered to be automatically extended to the date of application for readmission at ports of entry. This includes cases where U.S. Citizenship and Immigration Services has changed the nonimmigrant classifications of an alien to another nonimmigrant classification.")
USCBP Inspector's Field Manual, pgs. 42-43 (Under the automatic visa revalidation provisions, an individual may be re-admitted to the US with an expired visa stamp "in the same classification or in a new classification authorized by DHS prior to their departure.")
USCBP's Carrier Liaison Program 2012 Bulletin ("The validity of an expired nonimmigrant visa may be considered to be automatically extended to the date of application for readmission at ports of entry. This includes cases where U.S. Citizenship and Immigration Services has changed the nonimmigrant classifications of an alien to another nonimmigrant classification.")