We will be watching this forum throughout Coronavirus/Covid emergencies to post information and to answer your questions about affected US immigration and visas:
Not really -- I am old timer, -- but was not much of a help to others -- I have taken more from this forum than given. I come to this forum time to time see if I can help -- no luck yet.Redsword, were you searching for something that made you stumble upon this thread?
We are among the select few who are following the TN -> GC path. Its like we're the ambassadors on this forum for that method of getting a green card. Two years ago, I would have said that its ok to take this path, but now that the laws have changed a bit, and having seen the potential problems that you almost had, I truly agree that there is too much risk to take this route, even though it is very possible to complete it successfully. The amount of possible pitfalls makes the process even more stressful than it should be, putting the burden on the applicant (i.e. you and me) to make sure that the case continues down a smooth path.
After about an hour of this, the officer's supervisor came out and told me that I was correct, "A filed I-140 is not immigrant intent" and that they would issue me a new TN and I was allowed entry to the US. I knew I was right all along, but it sure was stressful.
Its great to see the law actually reflected in reality, when so many people have a misconstrued "opinion" which contradicts with this law, even many lawyers. I can imagine the stress you went through waiting for the "verdict". Thanks for sharing this experience on this thread for others to see. This definitely puts the debate to rest.
CuriousGeorge did a great service to all TN holders in explaining how to move from TN to LPR. I used the instructions a lot and was successful as a result. Actually I tested the limits of the process described in the instructions. Here is what I mean:
I was on a TN and I filed a I-140 for EB-1 Extraordinary Ability. This is a self-petitioned I-140. No employer required. I selected Consular Processing on the I-140. When the I-140 was approved, there was about two months left on the duration of my TN status. I decided to file an I-129 for an extension on the TN status. A few days after I filed the extension, I had to travel to Canada for personal reasons, so I returned to Canada and attempted to re-enter the US and in the process get a new TN at the border. I was prepared for the US Customs officers with the information that a filed I-140 was NOT proof of immigrant intent. The initial officer told me that I was not allowed re-entry into the US as TN as the I-140 was immigrant intent. I was sent to an office and another officer told me the same. After about an hour of this, the officer's supervisor came out and told me that I was correct, "A filed I-140 is not immigrant intent" and that they would issue me a new TN and I was allowed entry to the US. I knew I was right all along, but it sure was stressful. A few days after I entered with the new TN, then I filed the I-485/AP/EAD forms. Within a month or so I had my GreenCard in my hand.