Green card PERM certification, TN visa, travel

[kevinv]

Hi, I'm currently living and working in the U.S. with a TN visa, and I'm looking to try for a green card.

The first step is to file PERM certification.

I've been told that once the PERM is filed with the department of labor, it is a good idea to refrain from international travel, to avoid potential problems when re-entering the U.S. To me I'm wondering if I could actually re-enter the U.S. just fine, since the PERM is filed with the department of labor rather than USCIS.

Does someone here have experience with this, can they say whether it's a good/bad idea for international travel at that point in the green card process?

Thank you

[nicoeppersma]

Hi, I'm currently living and working in the U.S. with a TN visa, and I'm looking to try for a green card.

The first step is to file PERM certification.

I've been told that once the PERM is filed with the department of labor, it is a good idea to refrain from international travel, to avoid potential problems when re-entering the U.S. To me I'm wondering if I could actually re-enter the U.S. just fine, since the PERM is filed with the department of labor rather than USCIS.

Does someone here have experience with this, can they say whether it's a good/bad idea for international travel at that point in the green card process?

Your situation is somewhat different than most of the topic you will see on this forum regarding travel while applying for PERM/I-140/I-485. The reason for this is that most employment based petitions are done on behalf of L1 or H-1B visa holders. These visas are "dual intent", which means that even though the holder does not hold an immigrant visa, he or she may have the intent to immigrate permanently.

The TN visa is not dual intent. This means that in theory, CBP officers may deny you entry when you apply for admission. However, it has also been established that simply filing for PERM/I-140 by itself is not sufficient cause to deny entry. So in your specific case, you must check whether or not you are already "on the edge" or that there would be any other reason to keep you out. My suggestion would be to consult an immigration attorney.