TN visa with a pending Family based Greencard Application

[Meena2023]

Hi,

I am a canadian citizen. My sister who is a US citizen filed greencard for me through family based relation application.
Will there be any problem getting the TN visa approved because of pending greencard application?
Appreciate your guidance.

Thank you

 

[newacct]

As long as you can show that you won't immigrate during the duration of this entry, you can be allowed in. 9 FAM 402.17-7 says:

An intent to immigrate in the future that is in no way connected to the proposed immediate trip need not in itself result in a finding that the immediate trip is not temporary.

But there is some risk.

 

[bigboy00]

Yes, pending I-130 will be an issue getting a TN.

 

[Meena2023]

Thank you for your response. Will it be ok if we withdraw the pending I-130 and then apply for TN visa?

 

[nelsona]

I would attempt to get TN at the border before withdrawing I-130. If you have been let in in the recent past as a visitor (which is B2 status, with the same restriction against immigrating), there is no reason that you will suddenly be inadmissible when you apply for TN.

But as has been mentioned I-130 is not offered the same protection from immigrant intent as I-140.

 

[Meena2023]

Thank you for your input.