Family base GC and TN visa

G

ganpat

New Member
I have family base GC filled (will take more then 15 yrs) on belhalf of me. I am still eligible to get TN visa? Since TN visa is not dual intent does my GC application in process hurt my chances of getting TN visa?
 
nope you are fine. If they ask, of course tell the truth that a 130 petition is filed but that it will take 15 years and your TN work assignment is only a 3=yr temporary assignment.

Also, its the filing of 485 that signifies dual intent not 130/140
 
I would be careful on this. While both I-140 and I-130 signify immig intent, only I-140 has been specifically noted as not automatically disqualifying a person from getting or renewing TN, NOT I-130.

So, as Mister points out, since an I-130 is of absolutely no good in your case, there is no use filing one, as it does indeed jeopardize your ability to get TN. The duration of the TN with respect to when you might benefit from the I-130 is immaterial. It is immig intent, and it is NOT covered buy the I-140 exception for TN.
 
thanks for clarifying. I believe the OP already has 130 filed though so basically dont bringup with the POE officer voluntarily of course unless asked. When I got my TN, I had 130 filed for me also but to be fair, the officer never asked. Not sure how he would have reacted if he had asked me about 130...
 
Guess you will find out in future attempts. I-129 specifically asks, and also requires you to put your A#, which is a giveaway of immigrant petition.
 
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