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carebear100

TN Status with I-130 Pending??

By carebear100 in Work Visas

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carebear100 Newbie

carebear100   0

Posted
Filed: TN Visa Country: Canada
 Timeline
Posted

I am a Canadian Citizen and recently got a job offer in the US. I can apply for a TN status but I am wondering can I do this if I have the I-130 pending. My mother filed the I-130 2 years ago, so this wont be comign through for atleast another 8-10 years due to visa backlog. My question is in the meantime can I go the US and work under the TN Status and will this afect the i-130 in the future in any way? thanks!!

grrrrreat Rising Star

grrrrreat   109

Posted
Filed: Timeline
Posted

I am a Canadian Citizen and recently got a job offer in the US. I can apply for a TN status but I am wondering can I do this if I have the I-130 pending. My mother filed the I-130 2 years ago, so this wont be comign through for atleast another 8-10 years due to visa backlog. My question is in the meantime can I go the US and work under the TN Status and will this afect the i-130 in the future in any way? thanks!!

Unfortunately you haven't posted in the right forum because you're not adjusting status in the U.S. Hopefully a moderator will come along and move your post to the right forum.

To answer your question though, yes you absolutely still qualify for a TN visa and it will not affect your I-130. TN visa is a nonimmigrant visa, however, which means you're not permitted to live permanently in the U.S. As a result, you may face questioning when you apply for the TN regarding your intent to return to Canada at the end of your TN stay. This is especially true of someone with an immigrant petition pending. It's helpful if you can demonstrate that you're retaining a Canadian domicile while in the U.S. and still have links to Canada. If approved, you'll get an initial three years and then can reapply after that.

If you're still in the U.S. when your family visa becomes available, you can adjust your status to permanent resident, or you can return to Canada and apply for the visa at the consulate.

carebear100 Newbie

carebear100   0

Posted
Filed: TN Visa Country: Canada
 Timeline
  • Author
Posted

Unfortunately you haven't posted in the right forum because you're not adjusting status in the U.S. Hopefully a moderator will come along and move your post to the right forum.

To answer your question though, yes you absolutely still qualify for a TN visa and it will not affect your I-130. TN visa is a nonimmigrant visa, however, which means you're not permitted to live permanently in the U.S. As a result, you may face questioning when you apply for the TN regarding your intent to return to Canada at the end of your TN stay. This is especially true of someone with an immigrant petition pending. It's helpful if you can demonstrate that you're retaining a Canadian domicile while in the U.S. and still have links to Canada. If approved, you'll get an initial three years and then can reapply after that.

If you're still in the U.S. when your family visa becomes available, you can adjust your status to permanent resident, or you can return to Canada and apply for the visa at the consulate.

IPv6Freely Community Regular

IPv6Freely   64

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

like grrrrrrrrreat said, yes you can still get the TN. However, also like he mentioned, it's a bit more scary when you know they have grounds to deny you. Having an I-130 filed sure sounds like intent to me...

I haven't been back in Canada in 2.5+ years, since I got married. Marriage to a USC is some pretty clear intent, and I just can't risk losing my job because I have my TN revoked at the border.

It can't hurt to try though. The worst that could happen is they reject your TN application, and then do the whole fingerprint, photograph, and interrogate you for hours thing, and then send you on your way back into canada.

On the plus side, they're nice enough to send you back to Canada with a voucher to cross the toll bridge for free! :thumbs:

Edited by IPv6Freely

05/15/2006 - Moved to Kansas, USA on TN Status

10/16/2009 - Married in Missouri, USA
 

Family-based AOS from TN Status - Complete

Spoiler

(DAY 00) 06/18/2012 - Sent AOS Package to Chicago Lockbox

(DAY 01) 06/19/2012 - AOS Package received

(DAY 04) 06/22/2012 - Texts/Emails from USCIS confirming receipt

(DAY 07) 06/25/2012 - I-130 and I-485 checks cashed

(DAY 08) 06/26/2012 - NOA received in the mail

(DAY 12) 06/30/2012 - Biometrics appointment letter received in the mail. Appointment for 7/17/2012

(DAY 29) 07/17/2012 - Biometrics completed.

(DAY 51) 08/08/2012 - Interview email received. Scheduled for 9/11.

(DAY 53) 08/10/2012 - Paper Interview notice received in mail.

(DAY 86) 09/11/2012 - Interview. Approved on the spot.

(DAY 86) 09/11/2012 - GC Production ordered

(DAY 86) 09/11/2012 - EAD production ordered (not that I need it now...)

(DAY 87) 09/12/2012 - Case status moved from "card production" to "decision"

(DAY 89) 09/14/2012 - 2nd GC production ordered notice

(DAY 92) 09/17/2012 - EAD and GC mailed

(DAY 94) 09/19/2012 - EAD and GC IN HAND!

 

 

N-400 Application (5 year residency) - San Diego Field Office - Complete

Spoiler

 

(DAY 000) 08/15/2017 - N-400 Filed Online

(DAY 000) 08/15/2017 - Receipt Received, Case number assigned

(DAY 004) 08/19/2017 - Biometrics Appointment notification received

(DAY 010) 08/25/2017 - Biometrics Appointment PDF Posted (Date: 09/05/2017)

(DAY 013) 08/28/2017 - Biometrics Appointment Completed Early (Walk-In)

(DAY 014) 08/29/2017 - Case status now "We Reviewed Your Biometrics". 

(DAY 053) 10/06/2017 - In-line for interview. EGOV updated to "Interview Was Scheduled"

(DAY 054) 10/07/2017 - Interview scheduled. ELIS updated to "View your letter on your documents tab"

(DAY 057) 10/10/2017 - Interview PDF posted (Interview Date: 11/14/2017)

(DAY 092) 11/14/2017 - Interview in San Diego (Approved)

(DAY 112) 12/04/2017 - EGOV updated to "Oath Ceremony Notice Was Mailed"

(DAY 113) 12/05/2017 - ELIS updated to "View your letter on your documents tab"

(DAY 128) 12/20/2017 - Oath Ceremony Completed.

 

 

grrrrreat Rising Star

grrrrreat   109

Posted
Filed: Timeline
Posted

like grrrrrrrrreat said, yes you can still get the TN. However, also like he mentioned, it's a bit more scary when you know they have grounds to deny you. Having an I-130 filed sure sounds like intent to me...

I haven't been back in Canada in 2.5+ years, since I got married. Marriage to a USC is some pretty clear intent, and I just can't risk losing my job because I have my TN revoked at the border.

It can't hurt to try though. The worst that could happen is they reject your TN application, and then do the whole fingerprint, photograph, and interrogate you for hours thing, and then send you on your way back into canada.

On the plus side, they're nice enough to send you back to Canada with a voucher to cross the toll bridge for free! :thumbs:

If you are applying for adjustment, why don't you get an advance parole and then you can travel to Canada as much as you want without intent issues?

IPv6Freely Community Regular

IPv6Freely   64

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

If you are applying for adjustment, why don't you get an advance parole and then you can travel to Canada as much as you want without intent issues?

It's in progress. I only just sent in my AOS package. Plan on booking a flight home the day I have my AP in hand :)

I was just saying I havent been able to travel for the fear of having my TN revoked because of intent issues.

05/15/2006 - Moved to Kansas, USA on TN Status

10/16/2009 - Married in Missouri, USA
 

Family-based AOS from TN Status - Complete

Spoiler

(DAY 00) 06/18/2012 - Sent AOS Package to Chicago Lockbox

(DAY 01) 06/19/2012 - AOS Package received

(DAY 04) 06/22/2012 - Texts/Emails from USCIS confirming receipt

(DAY 07) 06/25/2012 - I-130 and I-485 checks cashed

(DAY 08) 06/26/2012 - NOA received in the mail

(DAY 12) 06/30/2012 - Biometrics appointment letter received in the mail. Appointment for 7/17/2012

(DAY 29) 07/17/2012 - Biometrics completed.

(DAY 51) 08/08/2012 - Interview email received. Scheduled for 9/11.

(DAY 53) 08/10/2012 - Paper Interview notice received in mail.

(DAY 86) 09/11/2012 - Interview. Approved on the spot.

(DAY 86) 09/11/2012 - GC Production ordered

(DAY 86) 09/11/2012 - EAD production ordered (not that I need it now...)

(DAY 87) 09/12/2012 - Case status moved from "card production" to "decision"

(DAY 89) 09/14/2012 - 2nd GC production ordered notice

(DAY 92) 09/17/2012 - EAD and GC mailed

(DAY 94) 09/19/2012 - EAD and GC IN HAND!

 

 

N-400 Application (5 year residency) - San Diego Field Office - Complete

Spoiler

 

(DAY 000) 08/15/2017 - N-400 Filed Online

(DAY 000) 08/15/2017 - Receipt Received, Case number assigned

(DAY 004) 08/19/2017 - Biometrics Appointment notification received

(DAY 010) 08/25/2017 - Biometrics Appointment PDF Posted (Date: 09/05/2017)

(DAY 013) 08/28/2017 - Biometrics Appointment Completed Early (Walk-In)

(DAY 014) 08/29/2017 - Case status now "We Reviewed Your Biometrics". 

(DAY 053) 10/06/2017 - In-line for interview. EGOV updated to "Interview Was Scheduled"

(DAY 054) 10/07/2017 - Interview scheduled. ELIS updated to "View your letter on your documents tab"

(DAY 057) 10/10/2017 - Interview PDF posted (Interview Date: 11/14/2017)

(DAY 092) 11/14/2017 - Interview in San Diego (Approved)

(DAY 112) 12/04/2017 - EGOV updated to "Oath Ceremony Notice Was Mailed"

(DAY 113) 12/05/2017 - ELIS updated to "View your letter on your documents tab"

(DAY 128) 12/20/2017 - Oath Ceremony Completed.

 

 

carebear100 Newbie

carebear100   0

Posted
Filed: TN Visa Country: Canada
 Timeline
  • Author
Posted

like grrrrrrrrreat said, yes you can still get the TN. However, also like he mentioned, it's a bit more scary when you know they have grounds to deny you. Having an I-130 filed sure sounds like intent to me...

I haven't been back in Canada in 2.5+ years, since I got married. Marriage to a USC is some pretty clear intent, and I just can't risk losing my job because I have my TN revoked at the border.

It can't hurt to try though. The worst that could happen is they reject your TN application, and then do the whole fingerprint, photograph, and interrogate you for hours thing, and then send you on your way back into canada.

On the plus side, they're nice enough to send you back to Canada with a voucher to cross the toll bridge for free! :thumbs:

carebear100 Newbie

carebear100   0

Posted
Filed: TN Visa Country: Canada
 Timeline
  • Author
Posted

Thanks for your info aswell, thats what we think that we have intent to stay so they will deny us the TN status. But after speaking to a few lawyers today they are all saying due to the 8-10 year visa backlong for the i-130 that is a long ways away and it should not cause any alarms at this point. I am goign to try to get the TN in a couple of weeks see how it goes. The lawyers are pretty adament there shoould be no problem and are willign to take my case for a fee of $2500. But I`ve read that the TN has no application initially just a bunch of forms and interoggation at the US Border. Maybe I will try initially myself then if i get rejected I will re-try with a lawyer.

Question: you said u havent been to canada in 2.5 yrs do they as you about the TN status everytime u cross the border or were u just scared to try goign to canada? i'm thinking if i get approved tehn i will be in teh same boat as you.

IPv6Freely Community Regular

IPv6Freely   64

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Just afraid to try. I had my TN renewed while in the US (without going to the border) so I actually have until spring 2013 to get my EAD. should be no problem.

05/15/2006 - Moved to Kansas, USA on TN Status

10/16/2009 - Married in Missouri, USA
 

Family-based AOS from TN Status - Complete

Spoiler

(DAY 00) 06/18/2012 - Sent AOS Package to Chicago Lockbox

(DAY 01) 06/19/2012 - AOS Package received

(DAY 04) 06/22/2012 - Texts/Emails from USCIS confirming receipt

(DAY 07) 06/25/2012 - I-130 and I-485 checks cashed

(DAY 08) 06/26/2012 - NOA received in the mail

(DAY 12) 06/30/2012 - Biometrics appointment letter received in the mail. Appointment for 7/17/2012

(DAY 29) 07/17/2012 - Biometrics completed.

(DAY 51) 08/08/2012 - Interview email received. Scheduled for 9/11.

(DAY 53) 08/10/2012 - Paper Interview notice received in mail.

(DAY 86) 09/11/2012 - Interview. Approved on the spot.

(DAY 86) 09/11/2012 - GC Production ordered

(DAY 86) 09/11/2012 - EAD production ordered (not that I need it now...)

(DAY 87) 09/12/2012 - Case status moved from "card production" to "decision"

(DAY 89) 09/14/2012 - 2nd GC production ordered notice

(DAY 92) 09/17/2012 - EAD and GC mailed

(DAY 94) 09/19/2012 - EAD and GC IN HAND!

 

 

N-400 Application (5 year residency) - San Diego Field Office - Complete

Spoiler

 

(DAY 000) 08/15/2017 - N-400 Filed Online

(DAY 000) 08/15/2017 - Receipt Received, Case number assigned

(DAY 004) 08/19/2017 - Biometrics Appointment notification received

(DAY 010) 08/25/2017 - Biometrics Appointment PDF Posted (Date: 09/05/2017)

(DAY 013) 08/28/2017 - Biometrics Appointment Completed Early (Walk-In)

(DAY 014) 08/29/2017 - Case status now "We Reviewed Your Biometrics". 

(DAY 053) 10/06/2017 - In-line for interview. EGOV updated to "Interview Was Scheduled"

(DAY 054) 10/07/2017 - Interview scheduled. ELIS updated to "View your letter on your documents tab"

(DAY 057) 10/10/2017 - Interview PDF posted (Interview Date: 11/14/2017)

(DAY 092) 11/14/2017 - Interview in San Diego (Approved)

(DAY 112) 12/04/2017 - EGOV updated to "Oath Ceremony Notice Was Mailed"

(DAY 113) 12/05/2017 - ELIS updated to "View your letter on your documents tab"

(DAY 128) 12/20/2017 - Oath Ceremony Completed.

 

 

grrrrreat Rising Star

grrrrreat   109

Posted
Filed: Timeline
Posted

Thanks for your info aswell, thats what we think that we have intent to stay so they will deny us the TN status. But after speaking to a few lawyers today they are all saying due to the 8-10 year visa backlong for the i-130 that is a long ways away and it should not cause any alarms at this point. I am goign to try to get the TN in a couple of weeks see how it goes. The lawyers are pretty adament there shoould be no problem and are willign to take my case for a fee of $2500. But I`ve read that the TN has no application initially just a bunch of forms and interoggation at the US Border. Maybe I will try initially myself then if i get rejected I will re-try with a lawyer.

Question: you said u havent been to canada in 2.5 yrs do they as you about the TN status everytime u cross the border or were u just scared to try goign to canada? i'm thinking if i get approved tehn i will be in teh same boat as you.

Yeah you definitely do not need a lawyer for the TN. You do need an application and evidence of your job offer. If you google for the information I'm sure they'll tell you what you need.

grrrrreat Rising Star

grrrrreat   109

Posted
Filed: Timeline
Posted (edited)

so can i ask you u went on a TN status and now you have applied for an EAD? What does that do and how soon can you do that? Is that better than beign on a TN indefinatley?

No, you can't get an EAD until you file an application to adjust your status (to get a Green Card/become a permanent resident). I think what the other poster was saying is that she renewed her TN within the U.S. before she filed the adjustment application, so she can keeping working until the new TN expires in Spring 2013. By then she will have her EAD or her Green Card and can use those to work.

Edited by grrrrreat
IPv6Freely Community Regular

IPv6Freely   64

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

No, you can't get an EAD until you file an application to adjust your status (to get a Green Card/become a permanent resident). I think what the other poster was saying is that she renewed her TN within the U.S. before she filed the adjustment application, so she can keeping working until the new TN expires in Spring 2013. By then she will have her EAD or her Green Card and can use those to work.

He, but yes that's precisely what I meant.

05/15/2006 - Moved to Kansas, USA on TN Status

10/16/2009 - Married in Missouri, USA
 

Family-based AOS from TN Status - Complete

Spoiler

(DAY 00) 06/18/2012 - Sent AOS Package to Chicago Lockbox

(DAY 01) 06/19/2012 - AOS Package received

(DAY 04) 06/22/2012 - Texts/Emails from USCIS confirming receipt

(DAY 07) 06/25/2012 - I-130 and I-485 checks cashed

(DAY 08) 06/26/2012 - NOA received in the mail

(DAY 12) 06/30/2012 - Biometrics appointment letter received in the mail. Appointment for 7/17/2012

(DAY 29) 07/17/2012 - Biometrics completed.

(DAY 51) 08/08/2012 - Interview email received. Scheduled for 9/11.

(DAY 53) 08/10/2012 - Paper Interview notice received in mail.

(DAY 86) 09/11/2012 - Interview. Approved on the spot.

(DAY 86) 09/11/2012 - GC Production ordered

(DAY 86) 09/11/2012 - EAD production ordered (not that I need it now...)

(DAY 87) 09/12/2012 - Case status moved from "card production" to "decision"

(DAY 89) 09/14/2012 - 2nd GC production ordered notice

(DAY 92) 09/17/2012 - EAD and GC mailed

(DAY 94) 09/19/2012 - EAD and GC IN HAND!

 

 

N-400 Application (5 year residency) - San Diego Field Office - Complete

Spoiler

 

(DAY 000) 08/15/2017 - N-400 Filed Online

(DAY 000) 08/15/2017 - Receipt Received, Case number assigned

(DAY 004) 08/19/2017 - Biometrics Appointment notification received

(DAY 010) 08/25/2017 - Biometrics Appointment PDF Posted (Date: 09/05/2017)

(DAY 013) 08/28/2017 - Biometrics Appointment Completed Early (Walk-In)

(DAY 014) 08/29/2017 - Case status now "We Reviewed Your Biometrics". 

(DAY 053) 10/06/2017 - In-line for interview. EGOV updated to "Interview Was Scheduled"

(DAY 054) 10/07/2017 - Interview scheduled. ELIS updated to "View your letter on your documents tab"

(DAY 057) 10/10/2017 - Interview PDF posted (Interview Date: 11/14/2017)

(DAY 092) 11/14/2017 - Interview in San Diego (Approved)

(DAY 112) 12/04/2017 - EGOV updated to "Oath Ceremony Notice Was Mailed"

(DAY 113) 12/05/2017 - ELIS updated to "View your letter on your documents tab"

(DAY 128) 12/20/2017 - Oath Ceremony Completed.

 

 

 
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