QUESTION

I am a LPR and I have applied I-130 for my son over 21 years. He is a Canadian citizen.

Asked on Feb 02nd, 2020 on Immigration - Minnesota
More details to this question:
Can my son work on TN1 as a Canadian citizen while his i-130 is pending or approved. He is born in India
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
A TN visa holder is supposed to have nonimmigrant intent as that type of visa is not a dual intent visa (able to have immigrant intent while at the same time working on a nonimmigrant visa). While your son if encountered can always argue that his present intent is only to work temporarily and go home when the working visa is done if his immigration is not yet completed, it would be best if he did not travel in and out of the US very much if at all assuming that he enters as a TN. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Feb 27th, 2020 at 8:51 PM

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