TN visa I-140 I-130 I-485

Under the USMCA (NAFTA) TN visa status is for Canadian and Mexican citizens that will be coming to the United States to engage in temporary employment. Obtaining TN visa status can become problematic when you have an approved I-130 or I-140. Find out how an approved I-130 or I-140 can impact your ability to get TN visa status.

I have an approved I-130 or I-140, can I still get a TN visa?

Future intent to immigrate or file for adjustment of status while in the United States alone does not prevent you from obtaining TN visa status. As long as you can demonstrate at the time of your entry to the United States that your intent is to fill a temporary position under the USMCA (NAFTA) then you are still able to obtain TN visa status. US Customs and Border Protection provided the following guidance on this issue:

After reviewing applicable law for North American Free Trade Agreement (NAFTA) applicants for admission, it is our determination that the mere filing or approval of an immigrant petition does not automatically constitute intent on the part of the beneficiary to abandon his or her foreign residence. This would hold for a TN principal who may be riding on a spouse’s immigrant petition. Of course, a TN applicant could have the intent to immigrate or adjust status at a future time, but as long as his or her intent at the time of application for admission is to be in the United States for a temporary time period pursuant to NAFTA (USCMA) and regulations at 8 CFR 214.6, her or she could be admitted.

I filed an application for an immigrant visa or adjustment of status, can I still get a TN visa?

Once you file for an immigrant visa outside the United States or for adjustment of status while inside the United States, you officially declare immigrant intent. US Customs and Border Protection further explains:

However, once a TN files an application for an immigrant visa or adjustment of status, then the TN would no longer be eligible for admission or extension of stay as a TN nonimmigrant. The NAFTA (USMCA) professional must establish that the intent of entry is not for permanent residence.

Filing for an immigrant visa or adjustment of status may make you ineligible for TN visa status as you have declared that your intent is to immigrate to the United States.

Even with a pending or approved Form I-130 or Form I-140 petition, you are still able to obtain TN visa status. Careful consideration must be made during this process and before filing Form I-485 for adjustment of status to preserve your ability to continue in TN visa status.

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