New TN (USMCA) and I-130

M

Muhamm123

New Member
Hello,

I have two questions:

1. Is there any changes in TN visa lately, I believe they passed USMCA- is this going to change TN letter format for future TN's ?

2. If some one on TD visa which is dependent of TN, do a relative of TD visa who is a US citizen can apply I-130 or Sponsor her. How this is going to impact her future TD renewals, as it will be a dual intent.

Thanks
 
1. No change.
2. I-130 would indeed br considered dual intent. This is not the same as I-140 which dual intent is essentailly forgiven for TN/TD.

The solution, since I-130 will typically take soem time, is to request consular processing for the GC (rather than AOS), on the I-130. This ensured that dual intent cannot be assumed, since one MUST leave the country that one last time before being awarded GC.
 
It should be possible to get TD status even if one is the beneficiary of an I-130 that will take many years to become current (e.g. sibling petition). Many people in that situation have managed to get B, F, and J visas as long as they demonstrated ties to their home country.
 
B, F, and J actually REQUIRE residential ties to a foreign country to be valid, which is not the case for TN/TD.

Like I said, the presumption of dual intent is easily overcome by indicating Consular Processing (CP)on the I-130. this can be later changed, when one wishes to file AOS (I-485), when the visa date becomes current, and at that time one makes sure that TD is current and has several months left. Or simply proceeed at that time with CP.

One cannot rely on any ruling or memo that allows forgiveness for I-130 when on TN/TD, like one has with I-140. USCIS/CBP might or might grant entry. Nor should one pretend to have ties in a foreign country, especially has this would cause tax burden if this country was Canada, when one has a simple way to not have to.

If I-130 has already been filed with AOS option, it is still a simple matter to change the option to CP. Form I-824.
 
nelsona said:
B, F, and J actually REQUIRE residential ties to a foreign country to be valid, which is not the case for TN/TD.

Like I said, the presumption of dual intent is easily overcome by indicating Consular Processing (CP)on the I-130. this can be later changed, when one wishes to file AOS (I-485), when the visa date becomes current, and at that time one makes sure that TD is current and has several months left. Or simply proceeed at that time with CP.

One cannot rely on any ruling or memo that allows forgiveness for I-130 when on TN/TD, like one has with I-140. USCIS/CBP might or might grant entry. Nor should one pretend to have ties in a foreign country, especially has this would cause tax burden if this country was Canada, when one has a simple way to not have to.

If I-130 has already been filed with AOS option, it is still a simple matter to change the option to CP. Form I-824.
Click to expand...

I just reviewed on USCIS website that 1-130 and I-485 can be filed concurrently to sponsor a relative (sister) if he/she legally entered United States and I-485 will take 8-14 months after 1-30 Approval
I hope I am not missing anything here. If I am please correct me
 
Family Based immigration has quotas and filing dates. One can only submit I-485 when the quotas are current, based on the I-130 filing date. Siblings of US citizens are F4, which currently has a FOURTEEN year backlog. So, file I-130 (but not I-485) if you wish, but it will be decade before anything comes of it.
Please ask further questions on this at family-based immigration forum.
 
MTL2000 said:
Should the TN letter change to USMCA instead of using NAFTA.
Click to expand...
I have the same query. I had a TN issued in April 2019 for 2 years and I am about to get a new. My employer is a small firm and I'm the only TN-holder employee there. Should the petition letter use USMCA instead of NAFTA wording?
 
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