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I am a Canadian and I am current a student. I have submitted…

I am a Canadian...

I am a Canadian and I am current a student. I have submitted I485 as my parent dependent, can I still apply OPT?

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

Yes, I have and I received EAD card

Lawyer's Assistant: Have you talked to a lawyer about the green card?

Trying to find a lawyer as I am thinking of withdraw my application

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Does withdraw application help me to apply TN visa in the future?

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Answered in 1 minute by:
3/20/2018
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,997
Experience: She has worked on all types of U.S. Immigration cases since 2007.
Verified

Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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Customer reply replied 5 months ago
Hi Jen
Customer reply replied 5 months ago
Hello?
Customer reply replied 5 months ago
Any update to my question?

So sorry, my internet was interrupted. I am back.

Yes, you can still apply for OPT with a pending I-485, however you do not need it if you have a pending I-485. You will receive an EAD based on the pending I-485 as well. You also do not need a TN visa if you have a pending I-485. Are you sure that it's an I-485 that you have and not an I-130?

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Customer reply replied 5 months ago
Thanks Jen. I am afraid my 485 will be denied as I filed it as my father EB3 I485 dependent. If my father's I485 got denied so as mine. So I want to remove this dependence before it get deny decision and apply TN future for myself
Customer reply replied 5 months ago
my question is should I wait the AOS final decision or withdraw it now ? Does withdraw help me to apply TN or it has same effect of deny for TN application? Or I will not be allowed to apply TN even I withdraw my I485 application now?

You can request to withdraw it. It may help slightly to withdraw it rather than have a denial. However, it doesn't change that you already applied so now USCIS already knows that you have immigrant intent to live in the US by the mere fact that you had an application for permanent residence pending. You are not supposed to have immigrant intent for the F1 or TN visa. So this may affect approval of your future visas. It does not mean that you cannot apply for TN. You can still apply. There's nothing that prohibits you from applying and if you qualify you can still be approved. And you will no longer have the I-485 pending so that is a plus. All you can do is apply and see.

Good luck to you and I hope this answer has helped you.

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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,997
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Category: Immigration Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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