Key insights

• ⚖️ TN Visa is beneficial for Canadians or Mexicans working in the U.S
• 🏛️ Process for obtaining TN Visa is relatively simple and fast
• 💼 Moving from TN Visa to green card is possible but involves complex issues
• 👨‍⚖️ It is recommended to work with a qualified immigration lawyer when navigating the process
• 🚫 TN Visa does not provide any advantage in obtaining a green card
• ⛔ Non-immigrant intent is a crucial issue when applying for a green card while on a TN Visa
• ✈️ Dual intent allowed for TN, L, and H-1B visas
• 🔍 Changing intent after entry may not violate visa terms, but honesty is crucial

Q&A

• How can TN Visa holders apply for a green card while avoiding non-immigrant intent issues?

  TN Visa holders can apply for a green card by changing status to a dual intent visa such as L1 or H-1B. This would involve applying for a change of status, addressing timing and non-immigrant intent issues. Seeking help from an immigration lawyer can simplify the process.

• What is consular processing for obtaining a green card?

  Consular processing is an alternative to adjusting status for obtaining a green card. It involves the sponsor submitting an application to USCIS, usually form i-130 or i-140, and the applicant filing form ds260 for an immigrant Visa with the consulate. Upon entry to the US on the Immigrant Visa, the green card is received in the mail. Choosing consular processing may reduce the risk of being denied based on immigrant intent.

• What are the risks of applying for a green card while on a TN Visa?

  TN Visa holders must maintain non-immigrant intent and plan to leave the U.S. at the end of their authorized stay. Applying for a green card while on a TN Visa can risk denial of TN Visa renewal or extension. Although TN Visas are usually issued for three years, filing for a green card application while on a TN Visa can still have implications.

• What is the concept of 'dual intent' for certain visas?

  Certain visas like TN, L, and H-1B allow for 'dual intent,' meaning that the visa holder can have both non-immigrant intent (temporarily visiting the U.S. for work or study) and immigrant intent (intent to stay in the U.S. permanently) without violating visa terms. However, honesty about intent is crucial, and changes in intent after entry may affect the immigration process.

• Is there an advantage for TN Visa holders in obtaining a green card?

  TN Visa does not provide any advantage in obtaining a green card. The process for TN Visa holders to obtain a green card is the same as it is for other foreign nationals.

• Can TN Visa holders apply for a green card?

  Yes, TN Visa holders can apply for a green card through family sponsorship or employer sponsorship. However, they must navigate potential pitfalls related to non-immigrant intent and undergo the standard green card application process like other foreign nationals.

• What is a TN Visa?

  TN Visa is a non-immigrant visa available to Canadians and Mexicans, allowing them to work in the U.S. in certain professional occupations as specified under the North American Free Trade Agreement (NAFTA).

• 00:18 The TN Visa is a good option for Canadians or Mexicans to work in the U.S, and it is possible to move from a TN Visa to a green card with the help of a qualified immigration lawyer.
• 01:41 TN Visa holders can apply for a green card, but the process is the same as for other foreign nationals. However, TN Visa does not give any advantage in obtaining a green card. Applying for a green card while on a TN Visa presents pitfalls related to non-immigrant intent.
• 03:10 TN, L, and H-1B visas allow dual intent. Visa holder's intent at the time of entry matters. Changing intent after entry may not violate visa terms but honesty is crucial.
• 04:40 TN Visa holders need to maintain non-immigrant intent and must not have the intention to adjust status while in the U.S. Filing for green card application while on TN Visa can lead to denial of TN Visa renewal or extension.
• 06:09 Consular processing is an alternative to adjusting status, where the applicant applies for an immigrant Visa with the consulate after the USCIS form i-130 or i-140 is approved, potentially reducing the risk of being denied based on immigrant intent.
• 07:41 TN visa holders can apply for a green card by changing status to a dual intent visa such as L1 or H-1B, to avoid the issue of non-immigrant intent. It requires applying for a change of status and dealing with timing and non-immigrant intent issues, which can be simplified with the help of an immigration lawyer.