TN > GC - Daily Border Crosser

rocro

New Member
Hi Folks

I have a big dilemma and seeking some guidance

I have a TN with my current employer valid till 2023. My employer has filed my PERM(EB3-ROW) and once approved will file my I-140. I will be asking my employer to file I-140 with premium processing. Since I am on TN and reading the various post (CP VS AOS), I would most likely choose CP (Montreal - Canada)over AOS. My wife has a full time job in Canada and its not wise for her to move to the US on TD status.

I travel daily across the US-Canada border on the TN since my house is approx. an hour from my work place. The question is once the I-140 is filed even though I would have chosen CP, will CBP find me ineligible for entry basis Intent. I have read all the blogs and I know intent kicks in on I-485 and AOS and basically CP is the way out to tackle dual intent. But at the end of the day its all discretion and the CBP officer needs to decide intent. While mere filing of an I-140 does not kick in intent each case has to be adjudicated by CBP and as such has the discretion to approve/reject entry. The blogs also mentions that Intent kicks in when you apply for an immigrant visa. Does Submitting DS-260 and other documents to NVC kick in intent of applying for an immigrant visa?

Basis the above, Which of the below is recommended:
1) Is the daily travel recommended once 140 is filed. That is the only reason I would choose CP over AOS because I want to travel back to Canada to my family
2) Or should I stay in the US once 140 is filed and should select AOS for myself and my wife and kids can do CP.(might impact timelines because CP will kick in only after AOS)
3) Or Should I stay in the US once 140 is filed and still pursue CP (safest route).That means I would have to stay without my family for 6-9 months depending upon the backlog at Montreal consulate

The issue with AOS I read is there needs to be a good reason for choosing AOS (90 day rule after last entry) to be adjudicated by USCIS. There is still a chance they can reject the Adjustment by kicking the dual intent and misrepresentation at entry. I feel CP is the safest route. I am just worried about how the daily travel.
 

nelsona

Registered Users (C)
The CBP has been instructed, for nearly 20 years now, to NOT deny entry on TN if one has an I-140 either filed of approved, without other evidence of dual intent. You are indeed allowed to travel. This has been done successfully by a few posters here over the years, and I have never heard of one being denied entry when using CP. any filings done in pursuit of CP would not impact this.

So, if you pick CP, which by definition means you can't be filing I-485, you will not be deemed ineligible for entry. This is the only way cross-border TN commuters can freely travel until your case is heard in Montreal.
 
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