Ask for help-URGENT.

[grass 0]

Is there someone know if it is available to apply for TN visa (I am Canadian citizien) during the processing of IR-1 immigration visa? Thank you so much and have a good night

[girl 37 7]

It's my understanding that you can't get a TN if you're planning on remaining in the US permanently (as would be indicated by your filing the IR-1).

[grass 0]

Thank you. But I remember I read something like that: TN visa is not kind of visa to consider if the applicant has immigration intention. But I don't know where I got this information. UIs there someone can giv me more detailed and formal law regualtion for it?Thank you so much!

[girl 37 7]

TN info

How Long Can I Stay?

The maximum period of admission into the U.S is one year. The US Citizenship and Immigration Services (USCIS) grants extensions of stay in time amounts of one year. There is no limit on the number of years a TN visa holder can stay in the United States. However, the TN visa status is not for permanent residence.

(I do the same if I thought it would work.)

Edited March 8, 2006 by girl 37

[grass 0]

I am sorry,girl37. I couldn't undestand what you mean. Yes, I know that TN visa is for Canadian/Mexico zitizen instead of PR. Would you please give me more explaination. Thank you!!

[girl 37 7]

I was just suggesting that I might consider applying for a TN if it meant I could officially live & work in the US faster, but I don't think they'll issue one after you've filed for CR-1 or K3, because that would show your intent to immigrate. (Kinda like they won't usually issue a visitor's visa [or let you into the US as a visitor] if they know you're planning to stay permanently.)

I hope that makes sense.

[zyggy 9]

I was just suggesting that I might consider applying for a TN if it meant I could officially live & work in the US faster, but I don't think they'll issue one after you've filed for CR-1 or K3, because that would show your intent to immigrate. (Kinda like they won't usually issue a visitor's visa [or let you into the US as a visitor] if they know you're planning to stay permanently.)

I hope that makes sense.

If one has immigrant intent.. one cannot get TN status period... If one has filed an I-130, one has put the US Government on notice of one's immigrant intent...

From NAFTA

1. Each Party shall grant temporary entry and provide confirming documentation to a business person seeking to engage in a business activity at a professional level in a profession set out in Appendix 1603.D.1, if the business person otherwise complies with existing immigration measures applicable to temporary entry, on presentation of:

(a) proof of citizenship of a Party; and

(B) documentation demonstrating that the business person will be so engaged and describing the purpose of entry.

This gives the basis for granting TN status.

Note that temporary entry is defined as

temporary entry means entry into the territory of a Party by a business person of another Party without the intent to establish permanent residence.

The above section of NAFTA describes why it's VERY sketchy to try to adjust when one is on a TN status...

Edited March 8, 2006 by zyggy

[girl 37 7]

That's what I thought. I was going to get a job in my (then-boyfriend's, now) husband's city using the TN, but decided against it because it sounded too complicated to possibly have to prove -later on down the road- that I didn't get it with the intent ultimately immigrating.

Thanks for the clarification.