TN Visa and Family based Green card application

bigben3

bigben3

Member
If we have already applied for Green card thru family (i-130) then still I am eligible to get TN visa?? or if applied for TN will it affect thr Family Green card application & viceversa??
 
I-130 (and (I-140) are consodered immigrant intent. TN is only "protected" from I-140 by rule, so having an I-130 in your name *could* result in TN denial.
Nothing you do going to affect the I-130 process.
 
So @nelsona , filing I-140 after getting the second TN renewal would be safe?..Im.an indian born.
So Once the I 140 is approved, can I do TN renewals no problem in future?
 
While there's no specific CBP guidance about TN with an approved I-130, it is unlikely to lead to denial of admission, assuming that there are still many years to go before the I-130 date becomes current.

It is essentially the same situation as people with approved I-130s applying for a B-2 visa to visit the US. Provided they show ties to their home country, they are able to get approved for a B-2. If you are a Canadian citizen applying for TN then you are in an even more advantageous position because TN does not explicitly require ties to your home country and the CBP officers generally do not scrutinize for immigrant intent as stringently as visa officers.

In short you should not worry about the I-130 as long as you are prepared for CBP questioning in general. ALL TN applicants should always be prepared for the possibility of getting a CBP officer who is in a bad mood and tries to get you to admit something they can use as an excuse to turn you away.
 
The BIG difference however is that a B-2 entrant MUST establish that they have and maintain residential ties outside US. As you point out, there is no such requirement for TN or TD. So there is actually a greater risk of denied entry based on immigrant intent for an entrant on TN, for that very reason.
I agree that the risk may be low of CBP putting the facts together, but it is there, and of found, the denial is not based on mood. The denial wouldn't be due to a "bad mood:, it would be due to intent.

Why else would CBP/USCIS have had to issue specific guidance to their staff not to deny TN/TD to I-140 applicants?
 
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