Can I apply for TN status, even though I have an approved I-140?

Answer

The TN technically is not one of the dual-intent categories. Therefore, Canadians and Mexicans who wish to enter the U.S. in TN status are required to demonstrate nonimmigrant intent. However, the USCIS has said previously that an I-140 petition is not automatically indicative of immigrant intent and so does not necessarily prevent an individual from entering on TN. Generally, a TN holder with an approved I-140 petition would need to carefully coordinate such travel and/or file the I-140 for consular processing so that it does not create a conflict with the current status. (15.Oct.2025)

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