TN and GC complications - re-entry

G

gunt

Registered Users (C)
I have an approved EB1-EA I-140 petition. I elected consular processing and I have never filed an I-485.
I am currently on a TN-1 visa as i wait for the consular processing appointment in Montreal.

As my TN had only 1 month left to expiry, i went to Canada to re-entry the USA and get a new TN yesterday. I had purposefully choose consular processing so that i could re-enter. Yesterday i had a little trouble with the border immigration officer at Pearson Airport. The officer claimed that because i had filed a I-140, i had therefore expressed immigrant intent and thus could not be allow to enter the US on a temporary TN visa. I was able to convince the office to speak to her supervisor who clarified to the officer that because I had elected for consular processing, i was necessarily returning to Canada and thus had not expressed immigrant intent. I was then re-admitted into the US on a new TN.
 
I avoided travel altogether when my I-140 was pending. Many border guards are not up on the details when it comes to these things, and since my fate was in thier hands, the risk is too high to take the chance. i had a bad exeprience the first time I went to get my TN. I now realize that every time you cross the border, you're dealing with a undertrained, undereducated, glorified shopping mall security guard.
 
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