Leaving Greencard coming back on TN visa

S

sk8er

Registered Users (C)
Hi,
If you leave the US (forgo your current greencard process), then can you come back on TN visa ? Are there any risk in this where the immigration officer at the POE will see that this person initially wanted to immigrate to the US and now wants to come back again ?
 
Yes. You are no longer a non-immigrant, and as such you do not qualify for TN. You can only enter the US on an immigrant visa, or using a dual intent visa (i.e. H1B).
 
agony is only partly correct. It depends on what your mean by 'forego'. If the I-485 etc have been formally cancelled, and this is in the system, then you are no technically now without immig intent. This takes time.

Having pursued GC in the past does not eternally mark one as having immig intent. But teh intent is not going to be erased in a week or two.
 
Let's say you are not at the I-485 stage. You are the LC or the I-140 stage ? Can you cancel this in the middle. How long does the cancellation take for each one.
 
If you have not filed I-485, you have not demonstated immig intent. submission, approval, or cancellation of earlier stage petitions has no effect on ability to get TN.
 
Why do you need it cancelled? It des no harm to you having one out there (you can still get TN as long as you want), and, should you ever re-start the GC process, the original I-140 date can be used as your new priority date, saving you perhaps years in the GC process.


You are putting too much weight on agony's statement: in light of what you have told us about what stage you were at, is post does not apply to you at all.
 
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