Does applying for GC lottery shows immigrant intent and disqualify TN application?

A

apkesh

Registered Users (C)
Hello,
A friend of mine is a native of a country that qualifies for the Green card lottery and a citizen of Canada. She is interested in applying for the GC lottery , but afraid when she applys for her next TN renewal it will be rejected because she has showed 'immigrant intent'. Does anyone know how true this is?
 
Be careful, what Curious quotes here doesn't apply to your question at all.

First, the quote merely says that once you've demonstrated immig intent with one petition, you can ALSO apply for DV. That means nothing in your context. That is like saying can a person with a pending I-485 EB category apply for FB category. DV is merely another immigrant visa category.

Second, even if it said "can a person in a non-immigrant status (like TN) apply for DV", even that would mean nothing to you. Can a TN apply for GC, which is yes, of course. The issue has always been can an a person with a pending immig petition get TN, which is yes, as long as one has not filed I-485.


What you are asking is "does applying for DV show immig intent?" So, the answer is, just like in pursuing an EB green card, until one files for I-485, intent is not shown.
 
Thanks Nelson, so you are basically saying my friend can apply for GC lottery and when she goes for her TN renewal, they will not see this action as showing immigrant intent?

I've heard of folks who were told even having a vacation property in the US is showing immigrant intent by some border officials, so I was seeing this as walking in thin ice.
 
Border officers like to scare people.

Even if one won the lottery -- as long as they elected consular processing -- they would be granted TN right up until their GC interview.
 
nelsona, what do you mean: "as long as they elected consular processing".

This is my case, I am on a TN, applied and won the lottery, but honestly, I am reading and reading and am all afraid now. I have not even filled out any forms or anything. Some say that, if you choose adjustment of status in the US, you will be grilled by immigration at the interview because you applied while on a TN, "non immigrant visa", and that could be reason enough to turn you down.

Others recommend to do Consular processing, but I know (by personal experience) that, at the Consular Office the first thing they do is cancel your previous visa, so, the would first cancel my TN since I am applying for a "new one". What if they cancel my TN visa while processing my Green Card??? Can you imagine ending up at the border without the possibility to come back to the States?? I would end up having no visa at all to reenter the States.

Please please advice...
 
Moye said:
Some say that, if you choose adjustment of status in the US, you will be grilled by immigration at the interview because you applied while on a TN, "non immigrant visa", and that could be reason enough to turn you down.
Click to expand...

If CBP wants to turn you down, they'll find a reason no matter what. I wouldn't sweat this.

Others recommend to do Consular processing, but I know (by personal experience) that, at the Consular Office the first thing they do is cancel your previous visa, so, the would first cancel my TN since I am applying for a "new one".
Click to expand...

If you are Canadian, you have no TN visa to cancel.

Please please advice...
Click to expand...

Please please stop worrying.
 
Like in ALL GC cases, it is the filing of I-485 or the awarding of consular GC that shows immig intent.
 
I am Mexican... and I was able to win the lottery since my wife is European... My TN is printed out in my passport; what immigration does when it expires, they usually stamp it cancelling it.
 
Moye said:
I am Mexican... and I was able to win the lottery since my wife is European... My TN is printed out in my passport; what immigration does when it expires, they usually stamp it cancelling it.
Click to expand...

Again, by the time you make it to the consular GC interview, unless you've completely botched the paperwork it is just a formality. Having the visa formally canceled isn't something you should be worried about.
 
You must log in or register to reply here.
Top