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Question:
Husband, who is a Canadian citizen, has been working in the US under a TN1 status (Visa). Wife, who is a Canadian permanent resident, had an appropriate TD Visa from a US Consulate. Husband's TN1 expired and applied for renewal to USCIS. USCIS reply is still in pending status for TN1. Wife's TD also expired. Wife applied 2 times to USCIS for TD renewal with appropriate documents while her TD was still valid. But USCIS could not renew TD because TN1 was not approved yet. Wife has been staying with husband in the US while waiting for TN1 response.
- Question is how will USCIS evaluate wife's stay in the US? Is it an illegal stay or OK?
- If wife is going to apply again for a new TD at any US Consulate, will they consider her previous stay in the US was illegal considering that husband got new TN1 approved?
Husband, who is a Canadian citizen, has been working in the US under a TN1 status (Visa). Wife, who is a Canadian permanent resident, had an appropriate TD Visa from a US Consulate. Husband's TN1 expired and applied for renewal to USCIS. USCIS reply is still in pending status for TN1. Wife's TD also expired. Wife applied 2 times to USCIS for TD renewal with appropriate documents while her TD was still valid. But USCIS could not renew TD because TN1 was not approved yet. Wife has been staying with husband in the US while waiting for TN1 response.
- Question is how will USCIS evaluate wife's stay in the US? Is it an illegal stay or OK?
- If wife is going to apply again for a new TD at any US Consulate, will they consider her previous stay in the US was illegal considering that husband got new TN1 approved?
