Got Green Card Lottery while on TN. Problem?

[019]

Hi everyone,

I was wondering if anyone experienced receiving DV-2008 Green Card Lottery notification letter while on TN visa (dual citizenship). To proceed with lottery process I would need either to send filled DV forms to Kentucky Center and go through Consular Processing (go for an interview in my native country) or to apply for the Adjustment of Status once my case number becomes current, which is probably not going to be before May 2008. My TN will expire by the end of February 2008. I understand there would be no problem renewing my TN (in case I take AOS path) as at that time I-485 won't be filed yet. However, DV visas are issued only till September 30th 2008 and many people on the DV-visa forum do not recommend going through AOS since they are slow and can put your visa in jeopardy.
Therefore I was considering going through Consular Process which many people say is safer and faster, but I'm worried that in case I don't get this interview done first shot (or for any reasons I'm denied DV visa) in my native country, I won't be allowed to reenter on TN since I showed dual-intent.
Did anyone have similar experience? Any advice? I would appreciate any help.

Thanks everyone participating in this forum. It's been of a great help.
L.

 

[nelsona]

If you fail on your interview, you won't be allowed in on TN, but that is a small risk for a great reward. This is the same dilemma faced by Tners who go CP from EB sponsorship, and most would jump at the chance.

 

[019]

Thanks Nelsona. Does it mean that I will be able to renew my TN prior to going for an interview (no problems with dual-intent issues at the border even if started Consular Process by sending filled forms for DV visa)?

Thanks again. L.

 

[nelsona]

It should not be a problem, -- due to the fact that you are applying for Consular processing -- it is impossible for you to become immigrant until you leave US. Thus, on each entry before that time, you cannot have immig intent for that entry.

 

[TNDV2008]

TN (DV08 winner)

Hi everyone,

I was wondering if anyone experienced receiving DV-2008 Green Card Lottery notification letter while on TN visa (dual citizenship). ... I won't be allowed to reenter on TN since I showed dual-intent.
Did anyone have similar experience? Any advice? I would appreciate any help.

Thanks everyone participating in this forum. It's been of a great help.
L.

019...I am on the same boat as u...

 

[TNDV2008]

It should not be a problem, -- due to the fact that you are applying for Consular processing -- it is impossible for you to become immigrant until you leave US. Thus, on each entry before that time, you cannot have immig intent for that entry.

1.) Please clarify "...it is impossible for you to become immigrant until you leave US..." I am having a brain-cramp right now

2.) Correct my interpretation, if I am wrong: If I go via AOS, and renew my TN via Nebraska (TN expires Oct), and my DV number 2008AF0004#### becomes current between Oct 31/2007 and Oct 31/2008, any chances the dual-intent could trip me?

 

[TheRealCanadian]

1.) Please clarify "...it is impossible for you to become immigrant until you leave US..."

If you choose consular processing, you cannot become an immigrant until you get an immigrant visa - which you can only get outside the US at a consulate or embassy abroad.

 

[TNDV2008]

Thank U

If you choose consular processing, you cannot become an immigrant until you get an immigrant visa - which you can only get outside the US at a consulate or embassy abroad.

if I choose CP, can I select Toronto Office. I dont feel like paying $8000 for airfare only to Kenya for a family of 4 (Kenya is country of birth, Canadian is country of citizenship, though wife holds Kenyan Passport, and the two boys were born in the US )

 

[TheRealCanadian]

if I choose CP, can I select Toronto Office.

No. The only consular post in Canada doing IV processing is Montreal.

I dont feel like paying $8000 for airfare only to Kenya

If you and your wife are Canadian citizens or permanent residents, you can certainly do CP there. There's no requirement to do it in the country of birth, although that too is an option.

 

[TNDV2008]

No. The only consular post in Canada doing IV processing is Montreal..

Great, thanks for that tip

If you and your wife are Canadian citizens or permanent residents, you can certainly do CP there. There's no requirement to do it in the country of birth, although that too is an option.

Flying to Kenya with 2 infants is out of the question, so Montreal it is...

...assuming my DV number ever becomes current (2008AF00044###). I curious how the medicals are to be done if I take the CP route. I believe I have to do medicals in Canada, but isnt this a part of the I485 package?

If I do medicals and submit I485, then @ the time of crossing into US (based on my TN) cant that tiny aspect invalidate my TN due to the dual intent clause?

 

[TheRealCanadian]

I curious how the medicals are to be done if I take the CP route. I believe I have to do medicals in Canada, but isnt this a part of the I485 package?

You'll do your medicals in Montreal. I believe the consulate has some places they use. Keep in mind that if you're doing CP, you will not file an I-485.

 

[TNDV2008]

Thank You...Thank You...and Thank YOU Again

You'll do your medicals in Montreal. I believe the consulate has some places they use. Keep in mind that if you're doing CP, you will not file an I-485.

TheRealCanadian, My wife thanks you too...you are a real resource (no pun intended )

I have learnt 2 things from you already...but I have another question. How long does this process take on average? i.e. NL -> CP route (paperwork/medicals) -> GC

 

[gunt]

generally you will be scheduled for an interview at the consulate 4-6 months after you initiate consular processing. there are other threads in this forum that deal with this directly. There are many posts about candidates' experience with the montreal consular process.

 

[TNDV2008]

Thanks gunt!