Q: Can I re-enter the US on a TN visa while my I-130 is pending?
I'm a Canadian citizen and I have a TN visa to work in the US. If I get married with a green card holder and petition an I-130, can I exit the country and re-enter with my TN while the I-130 is pending? Or would that be a problem since TN is not a dual intent visa
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A:
Yes, you can re-enter the US on a TN visa while your I-130 is pending, but it requires careful consideration. The TN visa does not support dual intent, which means you must maintain a clear intent to return to Canada after your temporary stay in the US. This could be challenging to prove if you have a pending I-130, indicating your intent to immigrate.
When traveling, carry documentation that demonstrates your temporary intent, such as proof of ties to Canada (e.g., property ownership, ongoing employment, or family ties). This helps to convince the border officer of your non-immigrant intent under the TN visa requirements. Be prepared for possible scrutiny and questioning upon re-entry.
It is advisable to consult with an immigration attorney to ensure your travel plans do not jeopardize your TN status or your pending I-130 petition. Proper preparation and documentation are key to navigating this complex situation. Make sure you are fully aware of the risks involved and have a clear plan in place before traveling.
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