Frequently Asked Questions

Most U.S. work visas allow spouses with whom you are lawfully married to come to the U.S. while you work. However, whether that visa type allows your spouse to work depends upon the type of visa that they process. TD visas do not grant work authorization.

Usually, the process of obtaining a visa to work in the U.S. begins with finding an employer to sponsor/petition for you through the process. Once a U.S. employer has offered you employment, they can assist with the visa application process.

When an employer would like to offer employment to someone who is not a U.S. citizen, permanent resident, or in possession of other work authorization, the first step is to speak with an experienced immigration attorney about the position you are looking to fill as well as the individual you are interested in hiring to see what visa type may be the best fit. You should also discuss visa filing deadlines and processing timelines so that you can begin your process at the right time.

When a person gets married, moves to a new address, gets arrested or charged with a crime, or other similar incidents, this can all have an impact on the application process and usually needs to be discussed with an experienced attorney who can guide you on the proper action to take. In the case of significant life events and decisions such as getting married, moving, traveling outside of the U.S., or other similar situations, it is recommended that you consult your attorney before making those decisions so your case has the best chance of approval.

Usually, tourist visas are not affected by a TN visa application. Still, the Department of State always has the authority to cancel a visa if they feel that the individual has misused it or is at high risk of misusing it in the future. While the risk of getting your tourist visa is low, that possibility does exist. Still, an immigration attorney can help you better prepare for the application process to reduce the risk of that possibility.

To obtain a copy of your digital I-94 record from entries into the U.S. via air travel, you should visit the CBP website and follow the instructions for retrieving your most recent I-94 record. Traveling into the U.S. via land at a port of entry requires applying for the I-94 record and paying a small fee before entry. You can complete this step on the website where the I-94 records are retrieved.

When your I-94 record is near expiry, you should make plans to either depart the U.S. before the expiry date and renew your visa at a U.S. consulate/embassy in your home country OR you may also file an application to extend your I-94 validity period and immigration status with USCIS. Working with an experienced immigration attorney to guide you through these steps and the processing times, requirements, and limitations for each process will help you achieve your desired outcome and the proper method.

An I-94 extension is an application filed with USCIS in the U.S. that allows foreign workers to extend their status and work authorization period with your organization without needing to depart the U.S. If the application is approved, the individual will receive a new I-94 record issued by USCIS with a new expiration, usually three years from the current I-94 record expiration date.

As long as your I-94 remains valid for at least 30 days after your planned return to the U.S., you are traveling only to either Mexico or Canada and will be outside of the U.S. for less than 30 days, and you have no criminal or immigration violations, you may travel on automatic visa revalidation. Automatic revalidation is discretionary, so a CBP officer may deny your entry if they feel you don’t meet the requirements for admission, but generally, this is not a problem. For the best chance of success, we recommend that you contact an immigration attorney before any international travel to confirm your eligibility and provide you with the documents to facilitate reentry.

You may only travel within the U.S. while you have an extension of status application pending with USCIS. This also applies to your dependents who have pending extension of status applications.

You may file up to six months before your I-94 expires; the process usually takes two to four months.