TN when I have a I-130

#1
My parents previously filed an I-130 for me. Does my current I-130 petition indicate non-immigrant intent and thus make any TN application unlikely to succeed? I will be talking with my company soon, they also brought up other potential visas if my TN application is rejected - any info is much appreciated.
 

nelsona

Registered Users (C)
#3
Unlike for I-140, DHS does not have administrative direction to 'ignore' I-130 when determining whether one has immigrant intent, which would thus most likely prevent getting TN. of course, if you chose Consular Processing on the I-130, you could argue that you cannot have immig intent on the entry that seeks TN, since you would need to leave the country at some point, but you would have to make that argument.
 
#4
Thank you; my I-130 was filed by my parents a year ago and is still pending - does this mean that the petition is already in Consular Processing?

I think @nelsona has previously written that proof of Canadian ties isn't needed for the TN process. I'm at a bit of a loss on how to show or argue non immigrant intent.
 
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nelsona

Registered Users (C)
#6
When one files I-130 or I-140, one selects processing at that time: either Consular Processing (CP) to be completed at a Consulate, or Adjustment of Status (AOS), completed within US. CP guarantees that you will leave the country, proving categorically that you are not immigrating on this or any particular entry into US, include any that you would make to get or use TN.

Neither CP nor AOS process gets going until close to date, which os proabaly years away.
 
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