I was a TN1 holder few months back until it expires. Now I am in pending adjustment status and waiting for I485 approval. I spoke to my attorney and here is what she said. She is recommending that I renew my TN1. This will give me 3 years of work while I am waiting for my I485 result. I have my current AP at hand. If I am denied the TN she said I can use my AP to come back in. I am going to renew my TN at the border. The reason she wanting me to do this is because then I can use the TN to get my future spouse a TD. She strongly feels this is the better option than using :follow to join" method. Is there anybody out there who are in similar situation or have any experience in doing this? Thanks in advance.
pending i485, can I apply TN1?
- Thread starter grncrdskr
- Start date
nelsona
Registered Users (C)
Your lawyer is obviously missing one HUGE piece of the puzzle. With a pending I-485, you are ineligible for TN!
You need AP to re-enter canada (you have that -- good), but you also need EAD to continue working once either (A) you leave US and re-enter on AP or (B) your TN expires.
so, to go to the border anytime will kill your current TN, never mind some imaginary future one.
So, in short, your lawyer is absolutely wrong. The only way she can enter is by marrying you BEFORE you get GC, enter US as a tourist (these can be in either order), and THEN file I-485/I-131/I-765 soon thereafter (IF your PD is current which may be years away), staying in US all the while.
OR, she can marry you before you get GC, abnd then wait outside US until you get GC and the follow to join, which may be years away.
But TN/TD is out of the question.
And you need to be getting EAD in short order.
Ask this lawyer if she has ever heard of immigrant intent.
You need AP to re-enter canada (you have that -- good), but you also need EAD to continue working once either (A) you leave US and re-enter on AP or (B) your TN expires.
so, to go to the border anytime will kill your current TN, never mind some imaginary future one.
So, in short, your lawyer is absolutely wrong. The only way she can enter is by marrying you BEFORE you get GC, enter US as a tourist (these can be in either order), and THEN file I-485/I-131/I-765 soon thereafter (IF your PD is current which may be years away), staying in US all the while.
OR, she can marry you before you get GC, abnd then wait outside US until you get GC and the follow to join, which may be years away.
But TN/TD is out of the question.
And you need to be getting EAD in short order.
Ask this lawyer if she has ever heard of immigrant intent.
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nelsona
Registered Users (C)
Besides, from other threads I see that your TN has expired. If you go for new TN, the border will ask what status you are in now. When you answer AOS, this will lead automatically to denial.
If you were still in TN status, you *might* have been able to sneek one by the officer with a renewal, if he didn't bother to check you in the system.
But now that will be impossible.
I really hope you have EAD.
If you were still in TN status, you *might* have been able to sneek one by the officer with a renewal, if he didn't bother to check you in the system.
But now that will be impossible.
I really hope you have EAD.
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HelloAmerica
Registered Users (C)
Never go TN while on 485
Absolutely right what nelsona mentioned.Ur lawyer has limited information about TN.
So dont go to border to get TN bcs TN doesnot have immigration intent.
Absolutely right what nelsona mentioned.Ur lawyer has limited information about TN.
So dont go to border to get TN bcs TN doesnot have immigration intent.