Other Employment-Based Greencard/I-140 General Issues
will my TN renew be a problem because of my filling green card application?
Views: 1,445
My visa is TN, and I just renewed it last summer, I hope that I would get green card when my TN is valid, but if any reason I could not green card, will my TN renew be a problem because of my filling green card application? Also can I visit Canada during my green card application pending?
If you try to renew your TN visa after having filed the I-140, you may have problems for the reason that the TN visa does not allow immigrant intent, and by filing the I-140, you will be showing your intent to immigrate, to some extent.
The immigration officer will review the surrounding factors to determine if you have shown immigration intent when reviewing your TN visa renewal request, such as keeping a foreign residence, etc. If they determine you have shown immigration intent, your TN renewal request might be denied.
While your I-140 is pending and after it is approved, you can travel outside the US as long as you have a valid (i.e., not expired) visa stamp. If you are in H or L visa status, you do not need to get AP before traveling outside of the U.S. after filing the I-485.
However, if you are not in H or L visa status, after you file the I-485, you must have an advanced parole document (AP) to travel outside the US while your I-485 is pending. In order to get an AP, you will file an I-131 with your I-485 (no additional filing fee). Once USCIS receives your I-131 it takes 1-3 months to get the AP. If you have an urgent situation and need to expedite the processing of your I-131, you can make an appointment using InfoPass. For more information, please see this link.
