As a Canadian citizen, am I eligible to enter in TN status, even though I have an approved I-140?

Answer

The TN is not technically one of the limited dual-intent categories, and therefore Canadians who wish to enter the U.S. in TN status are required to have nonimmigrant intent. However, the USCIS has said previously that an I-140 petition is not automatically indicative of immigrant intent and so does not absolutely prevent an individual from entering on TN. Generally, a TN holder with an approved I-140 petition would need to carefully coordinate such travel, or file the I-140 for consular processing so that it does not create a conflict with the current status. You should consult with an attorney regarding your situation to determine which strategy makes the most sense in your case. (04.Jun.2018)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Access more FAQs here.

 

Copyright © 2018, MURTHY LAW FIRM. All Rights Reserved



Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.
live chat software