Canadian citizens traveling to US with pending I-130

[hi234]

Hello:

My parents are Canadian citizens and live in Canada. If I file a I-130/CP for them will they no longer be able to travel to the US until they complete the immigration process? Is the TN facility invalidated in their situation?

I have noted elsewhere that parents with Indian citizenship+visiitor visa cannot travel to the US until they have completed CP once their I-130 is filed, so I am wondering if the situation is the same for Canadians who dont explicitly need a visitor visa to the US.

Regards,
hi234

PS. Apologies if this question has been asked/answered. I couldnt find any discussion on it so far.

 

[TheRealCanadian]

I have noted elsewhere that parents with Indian citizenship+visiitor visa cannot travel to the US until they have completed CP once their I-130 is filed, so I am wondering if the situation is the same for Canadians who dont explicitly need a visitor visa to the US.

The requirements for entering the US as a visitor are the same, no matter whether a visa is required or not. They need to convince the POE that their trip will be temporary, and that they will leave. Processing their immigrant visa via CP is a good way of providing evidence that the stay will be temporary, but it's really all up to the officer at the POE.

 

[hi234]

The requirements for entering the US as a visitor are the same, no matter whether a visa is required or not. They need to convince the POE that their trip will be temporary, and that they will leave. Processing their immigrant visa via CP is a good way of providing evidence that the stay will be temporary, but it's really all up to the officer at the POE.

Thanks for responding. Your view gives me the impression that people doing CP should have no trouble traveling to US, but the general experience of Indians has been that once they apply I-130/CP their visitor visa is invalidated and they are not permitted to enter USA until they get their green card approved.

Please could more folks weigh in?

Regards, smurfy

 

[LucyMO]

the general experience of Indians has been that once they apply I-130/CP their visitor visa is invalidated and they are not permitted to enter USA until they get their green card approved.

it is not because their visitor visa is immediately invalidated - it's not. It's because after filing I-130 it will be very-very difficult to prove non-immigrant intent, which is a condition upon which a non-immigrant visa is based.

 

[TheRealCanadian]

Your view gives me the impression that people doing CP should have no trouble traveling to US

That was not my intent. With a filed or approved I-130 I would not want to suggest that there is "no problem"; only that the immigrant intent hurdle is not insurmountable.

It really comes down to demonstrating concrete ties to Canada, and emphasizing that while there may be an intent to immigrate down the road, this particular visit will be temporary.

 

[dr_lha]

Thanks for responding. Your view gives me the impression that people doing CP should have no trouble traveling to US, but the general experience of Indians has been that once they apply I-130/CP their visitor visa is invalidated and they are not permitted to enter USA until they get their green card approved.

There's a big difference between Indians and Canadians. Canadians are clearly more likely to actually leave when on a visitor, being as they can just drive home, so they would be less scrutinised about immigration intent when coming over the border with a pending I-130.