TN Visa and Form I 130

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NdTech

Registered Users (C)
I am Canadian Citizen and recently I received TN Visa :) to work temporarily in US. Also our immigration petition was filed during FEB 2003 form I:130 and it is pending. The US Custom and Immigration officer at border told me that, you can not keep both. I have to revoke either TN Visa or Form I130. The I130 may take another 3-4 years and may be more but ultimately I will get Green Card. Officer told me that under the law once can not have two status :mad: , I think I have only one status that is TN Visa and I 130 is pending? Can anybody help me for "How to keep both? :) "
 
Dear Brian D. Zuccaro,

I am very thankful to you for reply...
Just for clarification, they approved my TN and affix stamp with I-94A - Multiple
They never asked me to return back. I return back, because I wanted to fly, instead of very long drive. My family and my car will remain in Canada, my wife has good job in Canada. Officer told me that you can not keep both TN and I-130; hence I must contact my father to revoke I-130. That part gave me confusion and I need clarification. I want to keep both options alive legally until I get visa number under I-130. Also please, if you or anybody can clarify regarding renewal of my TN later on? Required steps and precautions? Thanking You
 
As bzuccaro said, the TN visa doesn't allow dual intent.
Meaning it's up to you to satisfy the customs officer that you don't intend to immigrate to the US.
Filing I-130 alone doesn't demonstrate dual intent conclusively, as it can technically be filed without your consent, but one can see why it might set off alarms, considering your relationship to the petitioner.

Reports vary, but some have reported difficulty with overzealous/cocky/inexperienced officers.

"Officer told me that under the law once can not have two status"

It sounds like you may have implied your intention to file I-485 (AOS), clearly revealing your dual intent. It happens. What matters is you got admitted under TN status, but next time you may not be so lucky.

If and when your I-130 is approved, and you file I-485, you will preclude any attempts at applying for a NEW TN in the future. Even if your I-485 is denied.

You'll have to file for advance parole (I-131) if you want to leave the country while your I-485 is pending. Once you do so, upon reentry, you will be declaring yourself in I-485 pending status. The TN is now officially void, and if you want to work, you'll need an EAD (I-765).

In summary, once you file I-485, entering the US under TN will no longer be an option.

If you leave before being granted advance parole, you'll be effectively abandoning your application for AOS, and find yourself unable to re-enter with the TN since it was voided.

It may be worthy of note that I-485 can technically be denied on grounds that the status from which you're adjusting (TN), was obtained under false pretenses due to obvious dual intent.
Opinions vary, which is why you may want to consult with an immigration attorney.

Good luck
 
Consular processsing vs. Adjustment of Status for TN status holder

Hi,

I am planning to file a marriage based petition on behalf of my spouse. We are waiting for the renewal (by mail) of the TN status to clear before starting the process. We are currently evaluating our options: Consular processing (I-130 -> NVC -> U.S. Consulate@Montreal - Canada) vs. adjustment of status (I-130/I-485/I-765/I-131).

I am a new U.S citizen and we've been married & living together in the U.S. for a few years now. My spouse has been renewing TN yearly at various POEs.

Are there any arguments for choosing one route over the other ? We are wary of the adjustment of status route on the ground of previousely holding/renewing TN status while married to LPR/USC (e.g. dual intent cannot be easily denied).

Your input and/or pointers would be appreciated.

Regards,

Electron007
 
Electron007> Since your wife is there in the US with you and has applied for a new TN, why would you leave the country to try it another method upon marriage? For the AOS, just get married, make sure her current TN (which you said she's applied for a new one) has enough time on it (the longer the better) and then boom, she should be getting the EAD and AP within a matter of weeks to a month or so (depending on location, but this is fairly average time). Then she's able to work and to travel.

Not sure about the other method, but I just haven't heard of people doing it that method at all. Just figure senice she's been getting a new TN every year through the POE and through mail-in, why not just do the mail in for the AOS?
 
I'm a 38 years old salvadorian man. I'm a resident of the United States, I have been a resident for 2 months. I would appreciate if someone would clarify point 4 of the "what documents do you need to prove family realtionship?" clause of the form I-130. I want to bring my son to live with me.... but i did not get married to his mother...He's 11 years old, What could i do?
 
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