TN and I-824

B

bae6700

New Member
Hi All;

Can someone with a pending I-824 apply for a TN visa? My I-824 is pending and should be sent to MOntreal but in the meantime I have a job offer from the US.

TIA
 
bae6700 said:
Can someone with a pending I-824 apply for a TN visa? My I-824 is pending and should be sent to MOntreal but in the meantime I have a job offer from the US.
Click to expand...

What is the I-824 in reference to, an immigrant petition?
 
bae6700 said:
The I-824 was filed on an approved I-140 (NIW).
Click to expand...

I'm still puzzled why the I-824 was filed, unless you had mistakenly requested AOS on the I-140.

Since there's no explicit "dual intent" protections on the TN (unlike the L and the H) you're pretty much at the discretion of the CBP officer at the POE. If he decides that you have immigrant intent (and the approved I-140 is immigrant intent right there) then no TN for you.

The only argument I would suggest is the fact that you have a consular interview means that your TN entry by definition is temporary, since you must leave the US to attend the interview.
 
I had filed I-485 and had to leave US due to family reasons and I switched to I-824. I have been told the same that "depends of POE officer". Is there a POE that is easier to get TN?

TIA
 
You must log in or register to reply here.
Top