What happens to TN once I file I-130/485?

H

Heretic

Registered Users (C)
I am a Canadian citizen married to an American citizen, currently in the US on a TN which expires in 03/2007.
We are going to file I-130/485/131 concurrently.
I am aware of immigrant intent issues when adjusting from TN, but let’s assume the I-485 will be approved.

So my question is, what happens to my TN once I file?

If I leave the US with advance parole while my applications are pending, will my TN status be voided upon re-entry?

Should I file for an EAD together with the I-130/485/131 package, even though my TN is still valid?

Any info would be greatly appreciated.
 
Heretic said:
If I leave the US with advance parole while my applications are pending, will my TN status be voided upon re-entry?
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Of course, since you will be entering as a Parolee, not a TN non-immigrant.

Should I file for an EAD together with the I-130/485/131 package, even though my TN is still valid?
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Absolutely. You will NOT be able to renew the TN after the I-485 is filed.
 
I'm going through the same thing you are. I haven't been approved yet (it hasn't been a month yet since I sent the docs), but I know of people who have been so I'm not concerned.

Yes, like RealCanadian said you must apply for an EAD as well if you want to continue to work. Who knows, with the timelines these days you might get your GC before you get your EAD or before your TN expires but you should still apply to cover yourself.

As well, you cannot travel on your TN after you file the I-485 so you will need an AP. And you should also make sure you have your EAD as well because, as mentioned, once you reenter on an AP your TN is voided and you will not be able to work unless you have an EAD.
 
Actually you can't even travel after filing the I-130. If you cross back into Canada, they will not let you back in for any reason until you have either the I-130 approved (6-12 months), or a K3 non-immigrant spousal visa approved (6-12 months). How do I know? I crossed back over and have been sitting in Canada since March...
 
Thanks guys for the prompt and helpful replies.

Just one more question regarding I-485.

Does voiding my TN status when entering with AP have any impact on the AOS application? I'm obviously not understanding something, but won't I be adjusting from TN status?
 
Ok.

Did a bit more reading, and I now understand that if my TN Status is voided either by expiring/re-entry with AP, I will be in AOS Pending Status.

So I now have another question.

My TN is set to expire in March of '07. Assuming I were to file I-130/I-485/I-131/I-765 concurrently next week, do I run the risk of finding myself without status?
In other words, I'm concerned my I-485 won't be pending before my TN expires. And of course, renewing my TN at that point won't be an option.

How likely is this to happen?

The processing time for I-130 seems to currently be roughly 6 months.
 
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As long as you send in the I-485 with the I-130 you're fine. You'll receive a receipt notice for both (along with ones for the 131 and 765) Technically speaking, when you get the I485 receipt notice that's when you're in AOS (and someone will correct me if I'm wrong). Your TN is good until it expires. After that you automatically go into AOS because they received your I-485. You have nothing to worry about.

As well, you should get your EAD and AP in 3 months from when they get the applications. Once you use one of those (for work or travel) your TN will expire and you will enter into AOS. So chances are you'll be done with the TN well before it expires anyways.
 
cdnchris said:
Technically speaking, when you get the I485 receipt notice that's when you're in AOS (and someone will correct me if I'm wrong).
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Yup, someone will. :)

You are in valid status the moment the I-485 is received by USCIS. When they generate the receipt notice and when (or if) you receive it have no bearing on your legal status, but they do affect your ability to prove said status.

VSC was switching mailroom contractors when my I-485 was filed, and I got no receipt for two months.
 
Well I finally started the AOS process. Hopefully I won't run into any immigrant intent issues along the way.

A couple things are in my favor, and may help me argue against pre-conceived intent, should the need arise - such as the fact I'm 6 months into my 3rd TN.

This forum has been and continues to be an invaluable source of information.

Best of luck to all.
 
Heretic said:
Hopefully I won't run into any immigrant intent issues along the way.
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Be careful, since like confusionreigns mentioned, you may not be allowed back in with an approved I-130, regardless if you have an approved I-131.

The reason?

The Nebraska Service Center has confirmed in the past what the INS director said in a memo in 1996. Essentially simply filing an I-140 does not prove immigrant intent.

Unfortunately there is no equivalent memo for the I-130, and therefor the immigration officer at the POE can decide that you have immigrant intent, and since you were in TN status, and TN status does not explictely allow for immigrant intent, you may be denied entry. There have been cases with people (like confusionreigns) that can not get back into the US since they have an approved I-130, and they were on in TN status.
 
Hmm, I have no intention of leaving the country until I have the AP in hand. Are you saying I can be denied entry even with AP?
 
Heretic said:
Are you saying I can be denied entry even with AP?
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Strangely enough, Yes. Once you file the I-130, plan to stay in the US until your I-485 is approved.
 
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curiousGeorge said:
Strangely enough, Yes. Once you file the I-130, plan to stay in the US until your I-485 is approved.
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What on earth are you talking about?

AP exists to allow people with approved or pending immigrant visa petitions and adjustments to safely re-enter the US. It is explicitly designed to get around the fact that there are almost no non-immigrant classifications to admit these aliens, therefore they must be paroled.
 
curiousGeorge, I could be wrong but from what I gather confusionreigns was denied entry as a TN due to a pending I-130, which is entirely different from entering as a parolee in I-485 pending status.
 
Good point, I've been looking for the other poor souls who had this issue, and it seems they all had a pending I-130, NOT an approved I-130 with a pending I-485 and an AP.

The other problem is that when you send your TN in for renewal at the service center, they may deny the renewal if your I-130 is pending, since there was no memo specifying that an I-130 does not show immigrant intent.
 
Screwed up - TN will expire before EAD approval

Hi,

I'm currently on a TN and I married a US citizen earlier this year. I filed the whole I-130/485/131/765 package but will not get my EAD before my TN expires.

What happens now? I have received the I-797C notices, so I think that I can legally stay in the country, but I am inelligible to work until my EAD is approved. Is this correct?

Thanks for any advice.

I wish I had found this forum before filing!
 
Yes, that's right.

What is the RD of the I-765? If it's been 90 days, you can make an infopass appointment to apply for an interim EAD.

Otherwise, you can continue working until one of the following occurs:

a) your TN expires

b) you leave and re-enter the US with AP

From that point you must take a leave of absence until your EAD is approved.

Also, I'm sure you're already aware, but do NOT leave the country under any circumstances until you have the AP in your hands.
 
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Heretic, thanks for the response.

Unfortunately, I received a request for some initial evidence that was missing from the inital filing. In the letter the USCIS sent, it said that I was "ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(b)(10)(ii) until 90 days after the missing initial evidence is received." So, at this point, I don't expect my EAD until the end of the year.

I had read elsewhere about a possible loophole to allow someone in my situation to delay having to take a leave of absence. It involved applying for a new TN through the mail via form I-129. This would be rejected, but I would be allowed to continue working in the meantime. I'm hesitant to use any loopholes that might jeopardize my filing. Any comments or advice about this route?
 
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