The Law Office of Brian D. Zuccaro, PLLC

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RE-ENTERING U.S. UNDER TN VISA STATUS AFTER INTERNATIONAL TRAVEL

Question: I applied for my TN Visa extension through USCIS. Once it is approved, I plan to travel to China for a wedding. Do I need to do anything in China to re-enter the United States? Can I just use the I-94 that USCIS will issue me in the extension?

Reply: Generally, if you are a citizen of Canada, once you have received an I-94, which evidences your authorized TN visa status and should be valid for “multiple entries,” you should be allowed to re-enter the U.S. by presenting the I-94. If you are a citizen of Mexico, you  may need a TN visa stamp.

U.S. Customs and Border Protection officers at international airports have more heavily scrutinized individuals re-entering the U.S. under TN visa status after trips from outside the Western hemisphere – especially after extended trips abroad.

In addition to your original I-797/I-94, it may be beneficial to travel with a copy of your TN application, and if the trip will be lengthy, a letter from your employer stating that you will resume employment upon your return to the U.S.