USCMA - NAFTA

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.

1. TN Visa with Approved I-130 or I-140: Possibilities and Considerations

  • Intent to Immigrate: The presence of 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. As long as your intention aligns with temporary residency under USMCA regulations during the admission application, TN visa approval is possible.

2. TN Visa and Immigrant Visa/Adjustment of Status Application

  • Declaration of Immigrant Intent: Filing for an immigrant visa outside the US or adjusting status within the country signifies immigrant intent. The US Customs and Border Protection warns that applying for an immigrant visa or adjustment of status jeopardizes TN visa eligibility. 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 transition from temporary employment to potential permanent residence seamlessly.

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