Would I be allowed to apply for a TN visa with a immigration visa in processing?

[derissamccormick 0]

Hi there -

I’m a Canadian RN with a BSN who is currently married to an American. Unfortunately, our CR1 visa is at Vermont and the estimated time for USCIS to get to it is currently 21 to 27.5 months. Our PD is May 5, 2020. 
 

Does anyone know if it’s possible to apply for a TN visa as my profession is listed as part of the NAFTA agreement? Or will it be the technical wording that it is to be a temporary visa but I show permanent intentions with my pending immigration visa that will disqualify me?

 

I’m currently in the US with a 6-month B2 visa until December at the moment. 
 

Thanks in advance!

[Hawk Riders 814]

I don't know the answer to your TN question, but have you researched the AoS option, since you're already visiting the US and all?

[derissamccormick 0]

9 hours ago, Hawk Riders said:

I don't know the answer to your TN question, but have you researched the AoS option, since you're already visiting the US and all?

I’m not sure if it’s legal to AoS since I’m here on a B2 visa which is why I’m seeing if I can seek the TN visa :( Do you have any experience/heard of anyone successfully AOSing with 2 months left of their visa?

[Hawk Riders 814]

It would be illegal if you had crossed with the intent to AoS.

@AnnieF

@C&L2018

@KAP2019

[KAP2019 187]

4 hours ago, derissamccormick said:

I’m not sure if it’s legal to AoS since I’m here on a B2 visa which is why I’m seeing if I can seek the TN visa Do you have any experience/heard of anyone successfully AOSing with 2 months left of their visa?

I applied for AOS in June after coming to visit my husband in March just before everything started shutting down. Planned to visit for 6 weeks, but due to current circumstances, filed for AOS. Still waiting, I got my NOAs in July and am awaiting a biometrics appointment. Once you have your receipts, you use those and your passport to show you're pending AOS and allowed to be here. It's legal to adjust from B2 if you didn't intend to stay...you can read through instructions for I-485 for what they look at for that, including I-94 stamp (ie. You were inspected by CBP).

Some of the evidence you have to submit is to prove:  

1) Inspection and Admission or Inspection and Parole
2) Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States

As for the TN, I have no idea. You can message me if you have questions about AOS. 

[Ontarkie 14,221]

To be able to get a TN Visa you must show that you have no intent to remain in the US. You cannot show that with a USC husband and plans to move to the US. 

[AnnieF 29]

On 10/2/2020 at 11:15 AM, Hawk Riders said:

It would be illegal if you had crossed with the intent to AoS.

@AnnieF

@C&L2018

@KAP2019

I switched from Consular to AOS in August, after crossing border in March.  Application was accepted and am waiting on biometrics here also.  I crossed on a B2 visa intending to stay for a couple of weeks/a month until the pandemic lockdown lifted!!!!  As everyone else says, as long as when you crossed the border you were not intending to stay - because at that time you confirmed with the border agent that you were a visitor for pleasure.  It's definitely an option if those are your circumstances.