TN Visa & Immigrant Intent Issues
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Presumption of Immigrant Intent under INA 214 (b)
Immigration officers presume that every TN applicant is entering the U.S. for the purpose of remaining in the country permanently.
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TN Visa & Immigrant Intent: Employment Green Cards
You may start the process for a green card while working in the U.S. under NAFTA TN status.
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Signing a PERM Application while in TN status.
PERM application should not warrant the denial of a TN application on the grounds of immigrant intent.
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I-140 Filing Not Dispositive for TN
An approved, or pending, employment-based green card application is not conclusive evidence of immigrant intent.
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Service Center Policy on I-140 & TN Visas
The filing of an immigrant visa petition is only one factor to consider in the adjudication of a TN extension, and should not automatically result in a denial.
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No Foreign Residence Requirement for TN Visa
Applicants for TN visa status do not need to maintain significant ties abroad such as “ties of property, employment, family obligation, and continuity of life.”
