The answer to this question is a qualified yes. If an I-130 petition has already been filed on your behalf, the officer inspecting you at the U.S. border will be aware that you are an intending immigrant. Because you are seeking entry as a visitor, there is a conflict between what your intention must be as a visitor (strictly temporary) versus your intention to remain in the United States permanently as a permanent resident. To overcome this conflict, you must prove to the officer that you do not have the current intention to stay in the United States permanently. The officer may ask you to prove that you are working or studying in your home country, that you continue to maintain a residence and pay utility bills and that you maintain financial accounts in your home country. I strongly recommend that my clients bring documentation to the border proving as many ties to their home country as possible, come with a round-trip ticket, and never stay in the United States for more than a few weeks at a time while the I-130 is still in process. If the officer can verify by examining your record that you have made many trips to the United States previously and always returned to Canada promptly, she will be much more willing to permit you entry, trusting that you will depart within an appropriate time once again.
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