TN Status with I-130 Pending??

[carebear100 0]

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 109]

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 0]

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 0]

Thanks for the info.. I didnt realise I posted in the wrong area I've moved my question over to the right section now. Thanks!

[IPv6Freely 64]

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!

Edited June 28, 2012 by IPv6Freely

[grrrrreat 109]

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!

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 64]

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.

[grrrrreat 109]

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.

Fair enough.

[carebear100 0]

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!

[carebear100 0]

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 64]

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.

[carebear100 0]

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?

[grrrrreat 109]

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 109]

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 June 29, 2012 by grrrrreat

[IPv6Freely 64]

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.