Can any one post such information please? Thx

We called a couple of attorneys who "said" OK on line. However they did not answer
the phone at all.

本文发表在 rolia.net 枫下论坛Dear Mr. Reich:

This refers to your letter of March 7, in which you state that a Canadian citizen was refused admission as a TN nonimmigrant under the North American Free Trade Agreement (the NAFTA) because he is the beneficiary of an approved I-140, Immigrant Petition for Alien Worker, and, therefore, could not establish that his entry was without the intent to establish permanent residence in the United States. You submit that a TN nonimmigrant may be admitted to the United States to complete a temporary employment engagement even though he or she is the beneficiary of an approved I-140 petition.

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The determination as to whether or not an alien is eligible for admission or extension of stay as a TN professional must be made by the immigration officer at the time the alien applies for admission or extension of stay. Each application must be judged on its own merits.

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At the present time, there is no specified upper limit on the number of years a citizen of Canada or a citizen of Mexico may remain in the United States in TN classification...However, the presumption of immigrant intent under section 214(b) of the Act is applicable to NAFTA professionals under section 214(e) of the Act (unlike that for H and L nonimmigrants...). Accordingly, applicants for admission, extension, or readmission as NAFTA professionals will be subject to a determination by the Service of the applicability of section 214(b) of the Act to the applicant.

The fact that an alien is the beneficiary of an approved I-140 petition may not be, in and of itself, a reason to deny an application for admission, readmission, or extension of stay if the alien’s intent is to remain in the United States temporarily. Nevertheless, because the Service must evaluate each application on a case-by-case basis with regard to the alien’s intent, this factor may be taken into consideration along with other relevant factors every time that a TN nonimmigrant applies for admission, readmission or a new extension of stay. Therefore, while it is our opinion that under the conditions as described in your letter, a TN nonimmigrant may apply for readmission in the TN classification, if the inspecting officer determines that the individual has abandoned his or her temporary intent, that individual’s application for admission as a TN nonimmigrant may be refused.

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Yvonne M. LaFleur, Chief

Business and Trade Services Branch

Benefits

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"After considerable discussion between the Nebraska Service Center and AILA's NSC Liaison Committee, the NSC now indicates that the filing of an immigrant petition is simply one factor to consider in the adjudication of a TN extension, and should not automatically result in a denial. The NSC, which has exclusive jurisdiction over TN applications made on Form I-129, had previously indicated that NSC adjudicators were being told to deny TN applications if an I-140 immigrant petition has been filed on the individual's behalf. The basis of the denial had been that the individual no longer has a nonimmigrant intent."