TD status and I-130

N

nruneel

Registered Users (C)
Hi,

I am working on a TN permit and my wife is on TD . Last year my wife's parents filled I-130 for her. Now we planning to have a trip outside of USA.Does it creat any entry problem for her at border/airport while coming back to USA?

Thanks in advance

Nruneel
 
It can. Technically, by having an I-130 filed on her behalf, there is a (small) measure of immigrant intent being displayed by your spouse. Such intent could be considered enough to have her refused entry in any status other than H or L, even tourist. But typically, since the chances that she will benefit from this I-130 are next to impossible (it will be at least 7 or 8 years before her case will can get GC) CBP let's these things go -- although they are not required to. Each crossing or renewal could see her denied entry. and if she is not Cdn, getting a consular visa may also be problematic.

Was there a particular reason why your in-laws made rather pointless , and in her case, harmful petition?
 
Thanks Nelsona,

I found one letter and attached herwith from CBP. Though it talks about I-140, can't we conclude the same for I-130?

What do you think?
 
We are all familiar with the exception granted for I-140 filings. It is however just that -- an exception to the presumed immigrant intent raised by filing an immigrant petition, like I-130, I-140 and I-485.

While the letter does seem to extend this to I-130, the letter mentions that such person "could" be admitted -- or could not. That is a lot of 'could nots' over the next 10 years.

Again, what were your in-laws thinking?
 
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Well Nelsona, My in law's thaught eventhough it will take 7-8 years, afterthat she can get GC. They were not in hurry since they thought my wife is already in US.

but they didn't look it from of entry/exit point

By the way my wife is canadian too.
 
By the way my wife is canadian too.
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Well at least she won't have to deal with consulates.

It just takes one CBP officer, and after that each entry will be a nightmare.

Note, that this doesn't impact your status, just hers.

I'd seriously consider having parents cancel the I-130. It really doesn't help her. You'd both be better off finding an employer to sponsor either of you for GC or at least H1 status.
 
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