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cyyz2000

Am I allowed to obtain TN while waiting for an F3 interview?

By cyyz2000 in Bringing Family Members of US Citizens to America

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cyyz2000 Explorer

cyyz2000   24

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Filed: F-3 Visa Country: Canada
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Hi all, I've been interviewing for jobs (currently in my senior year of college) and I was wondering, if I end up accepting an offer with a US company, can I enter the US on a TN visa while waiting for my immigration interview? I'm the derivative applicant and we are already DQ'd in the F3 category. Is this allowed? Curious because I know that with a TN visa you are not allowed to work in the US with the intention of later immigrating. I am a Canadian citizen if that helps. 

 

Crazy Cat Grand Master

Crazy Cat   42,131

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)

How do you intend to get around this?  You already have demonstrated immigrant intent.

 

https://www.ashoorilaw.com/tn-visa/

 

image.thumb.png.ed1c64c735997f17af852a845ee8920f.png

 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

cyyz2000 Explorer

cyyz2000   24

Posted
Filed: F-3 Visa Country: Canada
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Posted
7 minutes ago, Chancy said:

 

It's possible.  @HD_BIRDS was able to get a TN visa even with a pending I-130 for CR1/IR1 --

 

 

Thanks for linking this! Exactly what I was looking for. I'll research more into this

1 hour ago, Crazy Cat said:

How do you intend to get around this?  You already have demonstrated immigrant intent.

 

https://www.ashoorilaw.com/tn-visa/

 

image.thumb.png.ed1c64c735997f17af852a845ee8920f.png

 

That's the thing - I'm not sure if it's allowed or not. I'll do some more research.

HD_BIRDS Explorer

HD_BIRDS   121

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted
On 12/19/2021 at 7:11 PM, cyyz2000 said:

Thanks for linking this! Exactly what I was looking for. I'll research more into this

That's the thing - I'm not sure if it's allowed or not. I'll do some more research.

If you are applying for an immigrant visa through consular processing, immigration intent is not assumed upon entering on a TN, despite it not being dual intent. This is because you are required to leave the US for the immigrant interview at the consulate in your home country. It's a bit of a loophole. Where you can get into trouble is if you try to adjust status from a TN.

Crazy Cat Grand Master

Crazy Cat   42,131

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
1 minute ago, HD_BIRDS said:

Where you can get into trouble is if you try to adjust status from a TN.

or renewing a TN after an I-130 has been submitted for you.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

HD_BIRDS Explorer

HD_BIRDS   121

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted
6 minutes ago, Crazy Cat said:

or renewing a TN after an I-130 has been submitted for you.

Yes, they may decide to deny your TN in that case, though I applied for mine after the I-130 was submitted. I didn't have any issues.

 

https://bdzlaw.com/nafta-tn-blog/2010/3/8/tn-visa-obtained-with-approved-i-130.html

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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