cancel immigrant visa

Thanks so much agnelson, you are such a quick and good responder, at least, you gave me something positive. I got that information from the other site(trackitt). My lawyer is still working on it of how I am going to proceed safely to the border. I wish everything will be okey for me in case. I am just anxious about the things you are unsure about. I just want to make sure that I will not be in trouble..Thank you so much

-- Thu Sep 17, 2009 4:45 am --

This is what I got from the other site with regards to my case. I would like to know your opinion of how it will affect me.

polycarp72 quote:The question was whether she/he can apply for TN visa while waiting for immigration petition to be processed. The answer is yes, but it will be denied at the border post. The same thing with recalling the immigration petition. This is all about the intent. Once you have demonstrated it, your chances of getting TN are very slim even if you decide not to pursue the immigration and recall I140/I485

The opposite situation is easier. If you have TN and are in the US, you can apply for I140/AOS/EAD/AP, but as with any non-immigrant status your TN will not be renewed and you are strongly advised to avoid exiting the US since there is a risk of not being admitted back if you do not have AP in hand. Also, TN visas are usually enforced very strictly and my co-worker got grilled by CIS at the interview for being on TN for some time, then switching to H1B and eventually getting GC. They were asking him why he used TN if eventually he immigrated. His lawyer confirmed that they often suspect fraud in TN holders switching to GC (similar to multiple consecutive TN renewals).

Because the topic starter has already demonstrated the immigration intent and does not have TN status, in my opinion, he/she needs to wait for CP to go through, since TN will be most likely denied (I assume that the he/she is out of the US. If he/she is the US then the immigration petition can be filed with all the risks shown in the posts here).

-- Thu Sep 17, 2009 4:47 am --

I have to be noted here that I am still in Canada and have plans to apply for TN visa. Therefore, I am not presently in US, thanks a lot