Applying for TN Visa with pending I-130 (derivative beneficiary) filed 8 years ago

[CarUS 0]

Hi, I'm a Canadian citizen and I'm supposed to be going to the US to start my new job. I would be going through the TN-Visa application at the airport, the day of my flight. However, I found out recently that ~8 years ago my mother had filed a family-based I-130, through her sister (US Citizen), where she was the main beneficiary but her family (including me) were derivative beneficiaries. This was when I was a minor and obviously had no knowledge of this until now.

Would this show up on my file when I'm applying for my TN Visa? I don't intend to stay in the US permanently, nor did I have any intent back when the family-based immigration application was filed. But I'm concerned whether this presents an issue, and how I should best handle it to get approved for a TN. Anyone have experience in getting a TN, and whether they ask you about this? I am also getting legal advice as well but I wanted any tips/opinions, would be greatly appreciated.

Thanks.

Edited June 15, 2016 by CarUS

[canadian_wife 1,822]

They will probably be able to see it. TN visas are non immigrant visas and a pending I130 shows immigrant intent.

Now, why not contact USCIS and see if you can withdraw your portion of the immigrant visa?

If asked obviously the truth is the way to go. You were filed for when you were a minor but now have no interest in moving to the U.S. permanently.

Good luck

[newacct 688]

Now, why not contact USCIS and see if you can withdraw your portion of the immigrant visa?

There is nothing for the OP to "withdraw". The petition was filed by their aunt for their mother. It has nothing to do with the OP except that when the priority date becomes current, if the mother decides to immigrate, and if the OP hasn't aged out, then they automatically qualify as a derivative beneficiary.

Edited June 16, 2016 by newacct

[CarUS 0]

There is nothing for the OP to "withdraw". The petition was filed by their aunt for their mother. It has nothing to do with the OP except that when the priority date becomes current, if the mother decides to immigrate, and if the OP hasn't aged out, then they automatically qualify as a derivative beneficiary.

Thanks for the replies. In regards to this age-out thing, I would actually turn 22 right before I would apply for my TN. Does that mean I would age out and this I-130 would not apply to me anymore?

And yes, my main goal right now is to convince them of my strong intent to return to Canada, that my home/family is all here, and that I will only be there to work temporarily. Again, this was filed without my knowledge when I was a minor. I hope that would be sufficient reasoning? I know this is dependent on the officer, but would they give a hard time?

Edited June 16, 2016 by CarUS

[newacct 688]

Thanks for the replies. In regards to this age-out thing, I would actually turn 22 right before I would apply for my TN. Does that mean I would age out and this I-130 would not apply to me anymore?

And yes, my main goal right now is to convince them of my strong intent to return to Canada, that my home/family is all here, and that I will only be there to work temporarily. Again, this was filed without my knowledge when I was a minor. I hope that would be sufficient reasoning? I know this is dependent on the officer, but would they give a hard time?

Well it doesn't matter if it was filed with or without your knowledge -- you have no control over it anyway.

F4 category (siblings) currently has a wait of almost 13 years, so there is still something like 5 more years of wait. You are only admitted for 3 years on TN status, so that should also be a good reason why you wouldn't use this entry to immigrate.

22 doesn't necessarily mean you aged out. Under CSPA, the period of time the petition has been pending is subtracted from your age. So for example if the petition took 3 years to approve, you don't age out until 24.

[CarUS 0]

Well it doesn't matter if it was filed with or without your knowledge -- you have no control over it anyway.

F4 category (siblings) currently has a wait of almost 13 years, so there is still something like 5 more years of wait. You are only admitted for 3 years on TN status, so that should also be a good reason why you wouldn't use this entry to immigrate.

22 doesn't necessarily mean you aged out. Under CSPA, the period of time the petition has been pending is subtracted from your age. So for example if the petition took 3 years to approve, you don't age out until 24.

Makes sense. I've really been worrying about this for the past few days, but I will try my best.

[caliliving 606]

what is your TN for? my friend gets it to be a nurse and they ask her zero questions whatsover!!! and she has been getting a new TN for the past 7 years!!

what category are you under?

[HollywoodNorth 22]

Makes sense. I've really been worrying about this for the past few days, but I will try my best.

I've personally been there, I-130's don't show immigration intent [if you, yourself could file for an I-130, obviously you wouldn't need a work visa in the first place]. I never had it come up from my experiences securing visas over the past 16 years.

TN-1 process is straight forward, they will be more interested in vetting your work experience / education and the company that is hiring you. The whole process takes about 20-30 minutes, sometimes faster if there's no hits on their checks. They'll ask questions on what you will do, what your job title is, salary, where you are going, etc. If asked about the I-130, just answer truthfully, if you are not sure of the details, just say so.

I was in the same situation when I applied for my first TN-1, even showed up 4 hours before my flight to make sure there wasn't any issues. The agent that dealt with me in secondary just finished with an businessman and had a yelling match with the guy with imports and that guy had to go see a agricultural officer, etc. I was nervous, but the agent was professional with me and I was through the process in 20 minutes with my TN-1 stamp.

Don't sweat it.

[CarUS 0]

Thanks for the advice guys, really appreciate it. Will take it into account.