TN Visa with Approved I130

[paulatth 0]

My wife recently got her I130 approved, and she is working in US with TN visa. As we live near the border, we are wondering whether she could go to Canada (as she is Canadian) with no issue coming back to US with TN status.

Technically, TN visa holder should have no immigration intent, but an approved I130 is clearly in the procedure of immigration.

We understand it is more safe to go to Canada with an approved EAD/AP hopefully after a few months (she has to wait a few months before she can apply for AOS, and then hopefully waits another 3-4 months to get her EAD/AP). However, as she wants to go home so much, we are wondering whether there is a big risk to do so... How likely she could be denied of entrance on her way back (land entrance to be exact)?

And we see several contradicting opinions online:

"In this case, the applicant intended to enter the U.S. solely to pursue his employment opportunity. He could not immediately proceed with his green card application due to the immigrant visa backlog. If at some point in the future his immigrant case became current, he would depart the U.S. and complete his immigrant visa processing at the U.S. consulate in Montreal. This course of action would be consistent with and did not contradict the temporary entry requirements for TN status."

from: http://www.tnvisabulletin.com/nafta-tn-blog/2010/3/8/tn-visa-obtained-with-approved-i-130.html

"As a result, if the alien applies for permanent residence (Form I-485) while he is in TN status, he will have difficulty in obtaining renewal of his TN status. However, a pending or approved I-140 employment based immigrant petition or I-130 family based immigrant petition does NOT impute immigrant intent, and therefore does not affect a TN alien’s ability to be admitted into the US as a TN alien or to extend TN status.Mexican nationals are required to have TN-2 visas before they may be admitted to the U.S. in this status, whereas Canadian nationals need only apply with the USCIS at the border and bypass the visa requirement."

from: http://www.hooyou.com/tn/faq.html

[paulatth 0]

reply to myself to get more visibility...

anyone has any idea on this? many thanks!