approved I-140 was NOT proof of immigrant intent?????

B

bobbyr1975

Member
Are we able to process a TN with an approved i-140? Are we able to travel across the border? I read in this forum that you can be prepared for the US Customs officers with the information that a filed I-140 was NOT proof of immigrant intent. What can we have as documentation? Can you guide us?

thanks
 
Read the curiousgeorge post at the top of this forum. It explains CLEARLY why this is allowed, with references.

That is what these posts are for.
 
I was looking for the below specific memo and I couldn’t find it. Any references to the same will be helpful.

‘There was a USCIS memo that was issued that clarified that simply filing an I-140 does NOT show immigrant intent.’
 
bobbyr1975 said:
Are we able to process a TN with an approved i-140? Are we able to travel across the border? I read in this forum that you can be prepared for the US Customs officers with the information that a filed I-140 was NOT proof of immigrant intent. What can we have as documentation? Can you guide us?

thanks
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Umm maybe it is already too late to answer.....
This can be a super long story, but I will skip most of it.

There is only one key: "Temporary Entry"
The law does not define "Immigrant Intent", instead, it defines "Temporary Entry"
-> please read the whole "Temporary Entry" section yourself

This is just a super short summarized one:
Tempory Entry only asks the person to LEAVE after the period.
And, the person only needs to "demonstrate" it AT THE TIME of applying TN.

So the answer is yes or no, some examples:
File as CP:
cp has to be done else where from US, this implies you need to leave US.

Let time kills the intent:
It is legit that you change your mind, and then become "want to immigrant", as long as it is long enough from you last "non-immigrant intent"
note: 90 days is too short, see below, even back in 2019, any laywers would suggest more than 6 months

Let me point out something so fooking wrong, so bad that it is very shameful to read it
>>curiousgeorge
It is worthless to read, for example:
90 days rule!?
USCIS never uses it, and USCIS even reclares it has nothing related in 2019.
https://imgur.com/0yOUgyi

>>There was a USCIS memo that was issued that clarified
It is even more worthless to read, the situation is totally different
"whose spouse is the beneficiart of an I-140", it is not even an I-130...
https://imgur.com/xRfxCAv

Only H and L visa are excepted, because the law does exclude them.
All other non-immigrant visa needs to follow the same thing (plus special requirement from the visa)
 
Doesn;t even need to be temporary entry. I-140 is expressly excluded from being considered immig intent for TN. This is by memo to both CIS and CBP.

Old news and overkill. All covered in the pinned thread on this forum.
 
nelsona said:
Doesn;t even need to be temporary entry. I-140 is expressly excluded from being considered immig intent for TN. This is by memo to both CIS and CBP.

Old news and overkill. All covered in the pinned thread on this forum.
Click to expand...
Which memo is this?

Assume you are talking about the this 2008 one, this memo is just a re-phrase of "temporary entry"
Also in the 1st paragraph, it clearly states the exclusion is because, the I140 for the applicant's spouse, not the applicant himself/herself.
https://imgur.com/0GTXmHv
 
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Already discussed. Not a problem. Many TNers have gotten TNs (both by mail and at border) after I-140 (which is neither an immigrant visa nor adjustment of status) submission and approval, but before submitting I-485 (which is adjustment of status).

Why are you trying to make it one?

Done.
 
nelsona said:
Already discussed. Not a problem. Many TNers have gotten TNs (both by mail and at border) after I-140 (which is neither an immigrant visa nor adjustment of status) submission and approval, but before submitting I-485 (which is adjustment of status).

Why are you trying to make it one?

Done.
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It is because of CBP doesn't check or cannot check GC status (obviously they can, just don't want to spend the time).
And, I-129 is the one has least checking (even uscis accounces that).

This might not be asked, i agree, but if it does, it will be hapeening during 140/485 processing.
TN is ok doesn't mean this "fact" is gone.

I-140 (which is neither an immigrant visa nor adjustment of status)
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No offence, but, seriously?

Full name for I-140:
I-140, Immigrant Petition for Alien Workers

Base on you sentence, no one should file I-140 for GC.

And you should be able to find a lot of them easily, this is a .gov example
travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

Immigrant Visa Process
...

Step 1: Submit a Petition
...

Filing Petitions from Inside the United States

...

must file Form I-140, Petition for Alien Worker
 
it is a petition, not a visa, and it is expressly excluded from preventing TN renewal.

Are you personally having some sort of problem renewing your TN, or are you simply trying to rehash already-proven information?

Either way, read the curiousgeorge thread, and all the best.
 
nelsona said:
it is a petition, not a visa, and it is expressly excluded from preventing TN renewal.

Are you personally having some sort of problem renewing your TN, or are you simply trying to rehash already-proven information?

Either way, read the curiousgeorge thread, and all the best.
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I have no issue because i didn't do it.

USCIS does request evidence of depart(ure), you should help those people to keep your word.

Anyway ,so, an application(or, petition) of an immigrant visa is not an immigrant visa, ok, then, they should not be needed for "immigrant visa".
Nice, please show me people to get free GC without 140 and 485 (as EB of course). I am all ears, umm eyes.

or, what is a "immigrant visa"? or, what else can be called a "immigrant visa"
Permanent Resident? no, this means "permanent" is already granted so it is not a "visa"
EAD? no, EAD has nothing related to travel
AP? no, do you know what is meaning of the "P", "parole", here?

I see it now, there is no "immigrant visa", so this letter is a false docuement....
 
Shininggod said:
Anyway ,so, an application(or, petition) of an immigrant visa is not an immigrant visa, ok, then, they should not be needed for "immigrant visa".
Nice, please show me people to get free GC without 140 and 485 (as EB of course). I am all ears, umm eyes.

or, what is a "immigrant visa"? or, what else can be called a "immigrant visa"
Permanent Resident? no, this means "permanent" is already granted so it is not a "visa"
EAD? no, EAD has nothing related to travel
AP? no, do you know what is meaning of the "P", "parole", here?

I see it now, there is no "immigrant visa", so this letter is a false docuement....
Click to expand...
You’re missing the fact that a petition is not filed by the person who will be applying for the visa. It is entirely possible, and has been done, that a petition can be filed for someone without their knowledge. Hence, no intent until the point at which the beneficiary shows that they do actually intend to become an immigrant by either applying for a visa or for adjustment. Source: my own conversation with a consular official.
 
nelsona said:
Please let us know how your road from TN to GC is going. Otherwise....
Click to expand...
Otherwise, umm, otherwise what? "I-140 (which is neither an immigrant visa nor adjustment of status)"

TN -> PERM -> 140 -> 485 - > GC

Thanks to you, now i know this is NOT immigrant process, so i should NOT get GC, although i did get it.

Correct me if, and only if, you can and able to be responsible for yourown words.

otherwise what?
english? knowledge? responsiblity?
"Please let us know how did you get your immigrant visa and what is an immigrant visa, otherwise..."

Come on, you are stating an offical CBP letter is a false document, show us your proof.
Otherwise, you are stating there is no immigrant visa for USA.
 
@Shininggod , Do you think this path via the PERM +i140 , 485 can be done in the 3 year period that a TN is given? Don't forget there is PWD (6 months) + recruitment (2 months) before even filing PERM. What I am saying is, even with the PERM route, you need to renew your TN at least once after filing i140.
 
SusieQQQ said:
You’re missing the fact that a petition is not filed by the person who will be applying for the visa. It is entirely possible, and has been done, that a petition can be filed for someone without their knowledge. Hence, no intent until the point at which the beneficiary shows that they do actually intend to become an immigrant by either applying for a visa or for adjustment. Source: my own conversation with a consular official.
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What happens if this is i-140 via the NIW petition (filed by employer's lawyer still)? I am reading this immigration forum is very clearly indicating that i-140 approval is nothing to even worry if you are renewing TN, but some lawyers I talked to seem to indicate there is a risk you might be denied on TN renewal. I am not sure either :)
 
Shininggod said:
Also in the 1st paragraph, it clearly states the exclusion is because, the I140 for the applicant's spouse, not the applicant himself/herself.
Click to expand...
This letter is not about a spouse of a beneficiary, and says that being the beneficiary of an approved I-140 is not a reason in itself to deny entry on TN.
 
Hey everyone, what about filing a new TN (under a new employer) if someone obtained an approved i-140 via the NIW? The curiousgeorge's post from 2004 states, that applies to TN renewals, not new TN applications (under new employer). Has anything changed since? I should mention that I can show significant ties back to Canada as I have a house/property back there.
 
Again, I-140 approval by itself (even NIW) is not considered immig intent. You do not need foreign ties. So renewals or border renewals (which are new TNs in themselves) is not prohibited.
 
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