I-485 rejected, Can I come back to TN

T

tiwari_raddi

Registered Users (C)
Dear all,

I am a canadian citizen (hold TN currently) and going to file I-140/I485. I heard there are some risks in that if my I-140/I-485 are refused, I cannot go back to TN. Appreciate any friend over there if sharing some info or experience in this regard.

Best regards.

TR
 
It's not the I-140 that will kill your chances at another TN, it is the filing of your I-485 that will. To apply for TN status you must have NON-immigrant intent. The filing of an I-485 shows YOUR clear cut intent to immigrate.

In short, if you file I-485, then no more TN for you.
 
Generally, only sometime after a failed I-485, with clear evidence in the CIS system that the I-485 has failed, as well as clear proof that you have re-established FULL ties outside US, you *might* be let in again in TN.

But, at that point it would be best to fins some other route (like H1-b).
 
Many thanks, Canadian John and nelsona

Canadian John and nelsona,

Thanks a lot for your answers to my question. However I see some differences between your answers.

Canadian John think "if you file I-485, then no more TN for you"

While Nelsona's opinion is that when the following two points are met, I can still apply for TN: a. the CIS system shows clear failure b. clear evidence that I re-established full ties outside USA, i.e. in Canada.

Nelsona, could you please give me more details on this issue: what could be clear proofs for replying a TN and any timeing requirement (i.e. how long after I-485 failure)? It seems to me that in the I-485 failure case, I have to quit my current job in USA, right?

Huge thanks and Best regards.

TR
 
I'd be more curious as to why you feel there's a chance your I-485 would be rejected. Assuming the underlying I-140 is approved and there are no inadmissibility or ineligibility issues, the I-485 is a very straightforward process.
 
Worrying about I-485 failure is a little far off. You would lose your job, of course.

Depending on the reasion for AOS failure, you may have trouble ever coming to US, never mind TN.
 
tiwari_raddi said:
Canadian John and nelsona,

Thanks a lot for your answers to my question. However I see some differences between your answers.

Canadian John think "if you file I-485, then no more TN for you"

While Nelsona's opinion is that when the following two points are met, I can still apply for TN: a. the CIS system shows clear failure b. clear evidence that I re-established full ties outside USA, i.e. in Canada.

Nelsona, could you please give me more details on this issue: what could be clear proofs for replying a TN and any timeing requirement (i.e. how long after I-485 failure)? It seems to me that in the I-485 failure case, I have to quit my current job in USA, right?

Huge thanks and Best regards.

TR
Click to expand...

Some would say that if you submitted an I-485, and it failed for whatever reason, that a TN in the "near future" would be not likely. Thats not to say getting a TN could never happen again at some pojnt in the future (1+ years maybe?). I should have reiterated my post more, my bad.

And Nelsona makes a very good point. Like he states, you would need to re-establish STRONG ties back to Canada for any chance of TN in the future.
 
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Remember, if you are denied TN due to immig intent, this also means that you would be denied all other non-immig statuses(except H or L), like even tourist B2 status

So, permanent ban on entry in all those statuses is unlikely just because you at some time has applied for your AOS. Time would need to pass...
 
Canadian John and nelsona and theRealCanadian

Thanks a lot for all feedback and info.

Since I am going to file I140/I485 concurrently, I want to assess the risk for a failure in either I140 or I485. Based on your valuable feedback, it does show some risks though not very big. If the risk is too high, I would not apply for GC instead just keep TN.

Best regards to all of you.

TR
 
There is obviously greater risk in being denied I-140 than I-485. If you are so troubled as to forget GC, just submit I-140 Premium, you will have your I-140 answer in two weeks.

I-485 has little chance of denial once I-140 is approved, unless you are a criminal.
 
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