Alien Relative (F4) Visa question

[LanaB]

Hi,

I was wondering if you could help me with a few questions.

My husband is self -employed contractor and I am an accountant (not licensed), we also have two kids (6 and 3 y.o.). We are all Canadian citizens. Do we qualify for a work permit in US?
Our plan was to get work visa and move to US and to apply for Alien Relative (F4) visa within the country.
My husband's brother is a US citizen and willing to file the petition for us. The waiting time for F4 visa is very long, so we are looking for better way to relocate in a shorter period of time.

What kind of visa is more appropriate for us, if we want to wait in US?
What are the chances of refusal for Work Visa and F4 visa?
How long is the wait list from Canada for F4?
Will we still be able to go on vacation to US,if we have a pending immigrant petition?


Thank you for your time.

[inadmissible]

An alien seeking admission as a tourist has to overcome the presumption that they have immigrant intent. It stands to reason that the hurdle would be higher for someone who has a pending immigrant visa. As admission decisions are made by individual border agents with wide discretion, it is not possible to speak of probabilities of success with any certainty.

You can come to the United States for work with a valid work visa. Skilled Canadians can apply for a TN type visa at the border by showing their professional credentials, proof of university education and a offer letter from the employer describing the job duties. Yes, you will need to secure employment first. TN type visas are not available for self-employed people. Accountant is a listed skilled profession but you need a baccalaureate degree in the field.

If you qualify for a TN visa your spouse and children (under age 21) can apply for a TD visa as your dependent. TD visa holders are not authorized to work.

According to the most recent visa bulletin, you can expect to wait 13 years for a F4 preference immigrant visa to become available.