Seeking entry into the United States with an approved I-140 can be complex and detailed. The U.S. Customs and Border Protection (CBP) has specific rules and requirements that must be followed to ensure a smooth entry. This blog breaks down three key points to provide a basic understanding of what you need to know.
1. Priority Date and TN Visa Admission with an Approved I-140
Key Point: CBP will not admit a foreign national on a TN visa if their priority date is current. Instead, the foreign national must enter on their immigrant visa if available.
Explanation: A priority date is when your immigrant petition (I-140) was filed. When this date becomes current, you can apply for an immigrant visa. If you are a TN (Trade NAFTA) visa holder from Canada or Mexico, and your priority date is current, you cannot be admitted as a TN. You must enter the U.S. on your immigrant visa instead.
2. B-1 Visa Admission with an Approved I-140
Key Point: If entering on a B-1 visa, the foreign national may be admitted case-by-case. They must prove they will leave the U.S. to attend the immigrant visa interview.
Explanation: A B-1 visa is for business visitors. If you enter the U.S. on a B-1 visa while your I-140 is approved, you must demonstrate to the CBP officer that you intend to leave the U.S. to attend your immigrant visa interview abroad. This proof can include travel itineraries and evidence of ties to your home country.
3. DS-160 Submissions and Automatic Visa Revalidation (AVR)
Key Point: If a foreign national has submitted a DS-160, it is considered an attempt to apply for a visa, and they cannot use Automatic Visa Revalidation (AVR).
Explanation: The DS-160 is the online nonimmigrant visa application form. Once submitted, it indicates that you are seeking a visa. Automatic Visa Revalidation allows certain visa holders to re-enter the U.S. with an expired visa after a short trip to Canada or Mexico. However, you cannot use AVR if you have submitted a DS-160, as it shows you are actively seeking a new visa.
Conclusion
Navigating entry into the U.S. with an approved I-140 is a nuanced process that requires careful attention to detail and an understanding of CBP’s rules. From assessing priority dates to handling different visa types, these guidelines must be followed closely. Consultation with an experienced immigration attorney can provide invaluable assistance to ensure compliance and a successful entry.
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Citations
- Immigrant Intent Memo – TN Visa Status and I-140 Petition
- I-140, Immigrant Petition for Alien Workers
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You may have questions regarding travel to the US with an approved 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.
