Q&A’s published on Lawyers.com and the Epoch Times – 12/15/2017 1. Can Parents Enter U.S. While Their I-130 Cases Pending? 2. Obtaining Green Card on TN Visa 3. What Should I Do If I Cannot Attend the Ceremony Oath?

1. Can Parents Enter U.S. While Their I-130 Cases Pending?

I filed I-130 for my father and mother back in 8/2017, received the I-797. Can they enter US in January while their cases are pending? They already have tourist visa (B2) for 5 years. If so then I am planning to just let them come in January and file I-485 (adjust status while they are here) I heard CBP (US Custom) may deny their entry since they have cases pending.

Mr. Lee answers:
Individuals who are in the immigration process may be able to come to the U. S. to visit, but would have to convince the Customs and Border Protection inspector that they have no immigrant intent on this trip to the U. S. I note that you have already filed I-130 petitions for your parents and so U.S.C.I.S. may have a problem with their adjustment of status when the petitions upon which they would be relying with the I-485 adjustment of status papers were filed prior to their entry to the States. Such action may lead an adjudicator to believe that your parents had the intent to immigrate on this trip when they entered the U. S.

2. Obtaining Green Card on TN Visa

We have had approved I140 with priority date of 2007. But our previous employer withdrawn that I140 in 2012. We immigrated to Canada in 2010 and became Canadian citizens through naturalization. Right now, my spouse is working on TN in USA. And we are trying to find our chances of switching from TN to green card with old priority date. Can we still use the priority date of 2007 on TN visa? 

Mr. Lee answers:
The TN is only a temporary working visa. There is no “switching” to the green card. Your spouse would in all likelihood have to go through the regular PERM labor certification/green card process with the present employer. Once the labor certification is approved, any approved I-140 petition’s priority date can be used for purposes of a new I-140 petition. I assume that the 2007 I-140 was for your spouse and not you.

3. What Should I Do If I Cannot Attend the Ceremony Oath?

I am going aboard because my mother is sick and she is alone there. I need to help her to find a doctor to help her. I bought already a ticket to Europe. I am afraid that I will be abroad when I must attend the ceremony oath. 

Mr. Lee answers:
It is never good when an individual misses the oath ceremony as this sometimes leads to denial of the naturalization application for abandonment even when the individual notifies U.S.C.I.S. and requests a postponement. However, that being said, you should write back to the local U.S.C.I.S. office to inform them of your situation and request a postponement. I suggest that you use mail with which you can have proof of delivery.