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)

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