Can I travel abroad with my TN after the 140 approved

K

KERTEA

New Member
Hello everybody, I just got my 140 approved, I have 2 more years valid on my TN. I am thinking of traveling abroad. Has anybody heard of denied entry in this situation?
 
No problem. TN has been specifically allowed petition, travel, renewal with pending or approved I-140 for many years now.
 
Thank you Nelsona!!

I read from some other articles on this
----Legacy Immigration and Naturalization Service (INS) guidance says that if you have an approved I-140 immigrant green card petition, you should not be denied TN admission or extension solely on that basis, if you can still establish that your intended TN stay in the US will be temporary. Therefore, you could technically get TN admission or extension while your green card petition is pending, but it’s not easy. First, you would need to establish that your current TN work objective is totally separate from your future intent to immigrate. Second, you would need to establish that your current TN work assignment has a specific ending date, and that you intend to depart from the U.S. on that date.-----

Seems that it is pretty tricky here, it might be difficult to answer if the custom officer questions on this. Do I need to worry about it? Anybody has some experience?

I am planning a family vacation abroad, but very worry if got denied entry when come back. It would be a big mess in the life, can't go to the US home, can't go to my job, kids can' t go back to school....

Would really appreciate any related information!!
 
None of that article is correct. You do not have to "prove" anything. You have not filed I-485 so are not considered to have immigrant intent.

You got that quote from a lawyer site, obviously fishing for business where there is none. Notice he ended the warning with "A good immigration attorney can look at your case and help you gather the appropriate evidence necessary to accomplish this."

Bull----
 
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Thank you KERTEA and nelsona for the information so far.

I have a follow-up question regarding renewal of TN visa after I-140 has been submitted. I've read that during the TN renewal process, on the form they ask specifically about pending I-140 applications, and that an active application is grounds to be denied for a renewal. Also, is this true for both methods of renewal (i.e. via mail while residing in the US, vs re-entry at a US boarder). It would be a pain if I was relying on a TN extension to clear the GreenCard application lengths, but got denied because of the same GreenCard visa which I'm applying for.

Thanks!
 
When you wan to renew your TN, you file a i-129. On the form, part 4, question 7, it says---
Have you ever filed an immigrant petition for any beneficiary in this petition?

I guess you will have to answer YES

But many posts here said this won't affect the TN renewal
 
Both CBP and USCIS have been instructed specifically to not deny on basis of I-140. Can we move on,please.
 
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