TN to AOS scenario

N

nononono

Registered Users (C)
Suppose there is someone on a TN, with a spouse and two dependents on TDs. They have been on the TN/TD for 12 years. They have 2 years remaining on their TN/TDs.

The principal got the TN in 2011, and the dependents around the same time. The TN has his I-140 approved many years ago, has never had issues entering since subsequent re-applications for TN/TD.

The TN has not travelled since getting his newest TN.

Each TD has travelled between US and Canada one or several times since issuance on 'multiple entry', always keeping the original TD issued in 2011.

Question 1: Suppose the TN's priority date were to become current. Would there be an issue as to the date on which the TD's re-entered the US, if they were travelling abroad (vacation), in terms of proximity to the I-485 filing?

Question 2: Suppose a TD was studying in Canada for the summer, would there be an issue with respect to the date on which she re-entered, in terms of proximity to the I-485 filing.

(In essence, these are questions of any intent issues, preconceived or however.) Would anyone anticipate any problems? Re-entry would have taken place prior to the release of the bulletin that made the principal current.

Question 3: Suppose the notice of receipt is received for the I-485 and I-131. In the meantime, an immediate relative experiences a medical emergency (to any extent or extreme). Should one TD dependent request an Emergency Advanced Parole for a short emergency visit to Canada, would being on a TD be problematic in requesting the travel permit? Would this draw any attention to the case, their most recent entry date, etc?


Many regards.
 
nononono said:
Question 1: Suppose the TN's priority date were to become current. Would there be an issue as to the date on which the TD's re-entered the US, if they were travelling abroad (vacation), in terms of proximity to the I-485 filing?

Question 2: Suppose a TD was studying in Canada for the summer, would there be an issue with respect to the date on which she re-entered, in terms of proximity to the I-485 filing.

(In essence, these are questions of any intent issues, preconceived or however.) Would anyone anticipate any problems? Re-entry would have taken place prior to the release of the bulletin that made the principal current.

Question 3: Suppose the notice of receipt is received for the I-485 and I-131. In the meantime, an immediate relative experiences a medical emergency (to any extent or extreme). Should one TD dependent request an Emergency Advanced Parole for a short emergency visit to Canada, would being on a TD be problematic in requesting the travel permit? Would this draw any attention to the case, their most recent entry date, etc?
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1) Priority date becoming current has no bearing on Tn/TD re-entry to US. Only thing that matters is a filed I-485. Until I-485 is filed, you and TD are free to cross border as much as you like.

2)Student must re-enter the US before a I-485 is filed for him/her. Other option is to do consular processing in Canada

3) Once I-485 has been filed, you cannot leave the US under any circumstances until you receive the Advanced Parole document. This takes a maximum of 90 days from filing of I-485
 
Understand the poster's concern on #1, #2: Is the filing of I-485 soon after entry on TD (not supposed to have immig intent) somehow fraudulent? That would be a stretch, since TD's are not the primary, and could hardly be blamed for poor timing. the TN is the one who needs to be careful submitting I-485 'too soon' after TN entry.

3: no problem. But you would still need to wait for the AP.
 
nelsona said:
Understand the poster's concern on #1, #2: Is the filing of I-485 soon after entry on TD (not supposed to have immig intent) somehow fraudulent? That would be a stretch, since TD's are not the primary, and could hardly be blamed for poor timing. the TN is the one who needs to be careful submitting I-485 'too soon' after TN entry.

3: no problem. But you would still need to wait for the AP.
Click to expand...

Thanks to the both of you for the answer. This pretty much answers it: if all parties here are submitting for AOS at the same time (follow-to-join on the primary), I take it that only the time differential between the I-485 filing date and the primary's last entry would be the thing to watch for? (i.e. TD are less likely to be scrutinized for intent as the TN holder.)

Though my question was basically answered, is it still advisable for there to be a wait time between when the TD enters and when she/he files I-485? I have done my best to scan these forums, but I'm not certain if there is any set security window or advisable time established by the USCIS.

(**It would seem to me as though I have read some things on this forum that indicate that some TN applicants re-apply for their TN, and within weeks [or even days] will file AOS without problems. Am I to assume that this course of action (AOS on TN, regardless of time between entry and filing) is more or less already acceptable by the USCIS and is rarely, if not never, scrutinized? I can only find warning against this course of action, but not yet any horror stories.)
 
Its not that it is 'accepted', it simply is low priority to scrutinize.

Could they deny your I-485 on that basis. They could, but they would really need to be looking for it, and it would really be those that petition new TNs at the border just befor filing, rather than thise that have merely entered on a current TN.

Btw, the means by which they would deny I-485, is to assert that by fraudulently entering on a "no intent" status, but with the full intention of adjusting, you would not have been in legal status in US at the time of filing your I-485, thus voiding it.

This happens more for marriage caes, and even then, there is an official 'forgiveness' of this fraudulent entry in marriage-based cases. no such forgiveness exists for employment-based cases, but I've yet to hear of a case in the past decade.
 
Here's another scenario to tag onto the previous:

Suppose a primary (and his dependents) submit the 485. They have their current I-94s, but none of their old I-94s as they have always surrendered them at customs prior to applying for a new TN/TD. Should they expect to be expected to provide proof of former I-94s (i.e. are they expected to have photocopies for the last 5 or 6 TN/TDs they gave up in the past?)

Past TN/TDs are marked on old passports, but prior to mid-2000s, passports were not required for crossing the US/Canada border and applicants only had the TN/TD (which was later surrendered.)

Anyone familiar with the process know if former I-94s are needed? Trouble if you don't have photocopies?
 
The advice here has ALWAYS been to photocopy each I-94 issued. It is for this very reason.
Now, these I-94s need not be submitted with your I-485 aplication of course, but they could be in an RFE. That is rare. Anytime you can't answer an RFE with the exact request they seek is problematic, but not fatal.


Your employer had to copy your I-94 for I-9 purposes, it would have been so simple for you to run a second copy and file it.
 
I agree with the suggestion to always copy old I-94s, but I am uncertain why USCIS would be interested in them. Generally they care only about legal status since the last entry; they would only care about prior status if they suspected it might have triggered a re-entry bar.
 
All went smoothly. Regards to you all, and curiousgeorge. I think TN to AOS is an incredibly stupid scenario (in that it has the potential to go wrong) and that consular processing would probably be a lot more simple, other than the extra travel, but you CAN do AOS while on a TN. Especially now that the Texas service center is processing 485s in remarkable time, it can be worth it. But understand the risks, all.
 
nononono said:
I think TN to AOS is an incredibly stupid scenario (in that it has the potential to go wrong) and that consular processing would probably be a lot more simple
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In some ways, yes. In other ways AOS provides security that CP does not (AC21 portability comes to mind, as well as EADs for dependents). One should pick the scenario that best meets one's needs.
 
Did you renew the TN after I-140 ?

Just want to clearfy as you mentioned your I-140 approved many years ago. I want to know did you renew TN/TD in 2011 with approved I-140. This helps me to clearfy and answer you better.


nononono said:
Suppose there is someone on a TN, with a spouse and two dependents on TDs. They have been on the TN/TD for 12 years. They have 2 years remaining on their TN/TDs.

The principal got the TN in 2011, and the dependents around the same time. The TN has his I-140 approved many years ago, has never had issues entering since subsequent re-applications for TN/TD.

The TN has not travelled since getting his newest TN.

Each TD has travelled between US and Canada one or several times since issuance on 'multiple entry', always keeping the original TD issued in 2011.

Question 1: Suppose the TN's priority date were to become current. Would there be an issue as to the date on which the TD's re-entered the US, if they were travelling abroad (vacation), in terms of proximity to the I-485 filing?

Question 2: Suppose a TD was studying in Canada for the summer, would there be an issue with respect to the date on which she re-entered, in terms of proximity to the I-485 filing.

(In essence, these are questions of any intent issues, preconceived or however.) Would anyone anticipate any problems? Re-entry would have taken place prior to the release of the bulletin that made the principal current.

Question 3: Suppose the notice of receipt is received for the I-485 and I-131. In the meantime, an immediate relative experiences a medical emergency (to any extent or extreme). Should one TD dependent request an Emergency Advanced Parole for a short emergency visit to Canada, would being on a TD be problematic in requesting the travel permit? Would this draw any attention to the case, their most recent entry date, etc?


Many regards.
Click to expand...
 
Nelsona: you mentioned above " the TN is the one who needs to be careful submitting I-485 'too soon' after TN entry"....how soon is too soon? is filing for 485 (say) a year after initial entry counted as 'too soon'? just curious...
 
Technically, 45-90 days after current entry, not initial entry. However, it is usually looked at -- if at all -- when you actually petition a TN and then apply for AOS.
 
Btw, is this current entry requirement only applicable to TN-ers or other visa types as well (including H1b)? Secondly, once someone goes through TN to GC process (and hopefully get it), what happens with the I-94s? just remove from the passport and return OR only remove/save with no need to return
 
As you may know h1-B and L visa have permissible dual intent built in, so they do not have any issues with applying for GC. But all other entries on non-immigrant statuses have the same standard: B1, B2, TN, TD, F1, J1, O1, P1, you name it.

As to your I-94 question, way premature btw, you can remove your I-94 as soon as you are no longer in that status, which will either be when you leave US with AP in hand, or once your TN expires after getting EAD, or when you elect to use AOS status, by using EAD either at your current job, another job, or when quitting TN.
 
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