TD visa with approved I 130

[utahanna 0]

My lawyer misinformed me that we could travel on our TN visa (3 yr) while starting the green card process. So far, we have just been approved for the I 130. I married a US citizen and my daughter and I are here on a TN and TD visa. She is now in Canada visiting her father per our court ordered custody agreement. Since I have put her on the plane, I have heard that I may not be able to get her back to the US on her TD visa because we have filed an I 130. We haven't filed the 485 yet. Any words of wisdom. Is there a way I can get her back. I am still in TN status as far as I know till I file the 485 AOS. What do I need to tell her to say at the POE. She is only 15 and starts school two days after her return to the US.

Help

[Dan J 277]

My lawyer misinformed me that we could travel on our TN visa (3 yr) while starting the green card process. So far, we have just been approved for the I 130. I married a US citizen and my daughter and I are here on a TN and TD visa. She is now in Canada visiting her father per our court ordered custody agreement. Since I have put her on the plane, I have heard that I may not be able to get her back to the US on her TD visa because we have filed an I 130. We haven't filed the 485 yet. Any words of wisdom. Is there a way I can get her back. I am still in TN status as far as I know till I file the 485 AOS. What do I need to tell her to say at the POE. She is only 15 and starts school two days after her return to the US.

Help

TN is not considered a dual intent visa, like those adjusting from student and tourist visas, leaving the country while AOS is in process is not recommended.

Even if your daughter is allowed back in the US, there is no guarantee that you will successfully be able to adjust her status. It may be perceived as visa fraud since she would be entering the US with immigration intent.

Once you become a permanent resident, you may petition for your daughter. However, that process may take years.

[utahanna 0]

TN is not considered a dual intent visa, like those adjusting from student and tourist visas, leaving the country while AOS is in process is not recommended.

Even if your daughter is allowed back in the US, there is no guarantee that you will successfully be able to adjust her status. It may be perceived as visa fraud since she would be entering the US with immigration intent.

Once you become a permanent resident, you may petition for your daughter. However, that process may take years.

Do you think that she will be able to get through, even as a visitor? What if I abandon her I 130 petition and just proceed with mine? We still haven't even started the 485 process. One border officer I contacted stated that she is not in violation of her visa yet since she didn't file the 485 and another said that he thought that she was. It seems to be a grey area. If she abandons her I 130, could she still come and stay with me for 6 months at a time? What should I instruct her to say to the officer? Will he actually scan her passport, or just glance at her visa and let her go through?

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a visa other than a K1, K2, K3 & K4 which the prior forum is for**

[Dan J 277]

Do you think that she will be able to get through, even as a visitor? What if I abandon her I 130 petition and just proceed with mine? We still haven't even started the 485 process. One border officer I contacted stated that she is not in violation of her visa yet since she didn't file the 485 and another said that he thought that she was. It seems to be a grey area. If she abandons her I 130, could she still come and stay with me for 6 months at a time? What should I instruct her to say to the officer? Will he actually scan her passport, or just glance at her visa and let her go through?

Its always been a grey area. From what I understand it comes down to the intent upon entry. If you intent to immigrate on a non-immigrant visa its considered visa fraud. Most of time when these questions come up, children are not involved, so i don't know if children might be considered a special case.

Since you filed an I130, you might be able to use it for a cr-1/ir-1 visa. In that case, your daughter can also get a visa to follow along. You would need to still have an interview in your home country, but you can visit while processing as long as you show intent to return.

The cr-1/ir-1 visa will result in a green card once you enter and then there is no need to do the AOS process.