I-130 or I-140 Approvals: Do They Affect TN Visa Eligibility Under the USMCA?
For Canadian and Mexican citizens eyeing temporary employment in the United States through the TN visa program, the landscape becomes intricate when approved I-130 or I-140 forms come into play. Let’s delve into the nuances and understand how these approvals may sway your TN visa prospects.
TN Visa with Approved I-130 or I-140: Possibilities and Considerations
- Intent to Immigrate: An approved I-130 or I-140 doesn’t automatically hinder your chances of a TN visa. If you intend temporary employment under the USMCA (NAFTA), you may still be eligible for a TN visa. US Customs and Border Protection emphasizes that the approval of an immigrant petition doesn’t inherently imply an intent to abandon foreign residence.
- TN Principal and Spouse’s Immigrant Petition: The rule also extends to TN applicants linked to a spouse’s immigrant petition. If you can demonstrate temporary intent consistent with USMCA requirements, you may still qualify for TN status, subject to officer discretion.
TN Visa and Immigrant Visa/Adjustment of Status Application
- Declaration of Immigrant Intent: Filing for an immigrant visa outside the U.S. or adjusting status within the country signifies immigrant intent. The U.S. Customs and Border Protection warns that applying for an immigrant visa or filing Form I-485 can make it more difficult to demonstrate the required temporary intent for TN status. The entry intent must align with temporary residence under USMCA regulations to secure admission.
- Pending or Approved I-130/I-140: Even with a pending or approved I-130 or I-140, the door to TN visa status remains open. Careful consideration is crucial, especially before filing Form I-485 for adjustment of status to preserve TN visa eligibility.
Conclusion
Navigating TN visa eligibility amidst I-130 or I-140 approvals requires a nuanced understanding of intent and regulations. Preserve your options wisely and make informed decisions to seamlessly transition from temporary employment to potential permanent residence. Please speak with one of our experienced TN visa lawyers for assistance with your TN Visa matter.
Schedule a Consultation with an Immigration Lawyer
Citations
- 9 FAM 402.17 – USCMA Professionals TN and TD Visas
- TN Visa Intent Memo – Resources Blog – TN Visa FAQs – Richards and Jurusik Immigration Law – Buffalo NY
We Can Help!
You may have questions regarding obtaining a TN Visa with an approved I-130 or I-140. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
