TN Visa to Green Card

TN Visa to Green Card

What is the TN Visa?

 

If you are a citizen of Mexico or Canada, the TN Visa is a nonimmigrant visa for you to work temporarily in the US for certain occupations. Additionally, to be granted a TN Visa, the applicant must have a job offer from a US employer. NAFTA (North American Free Trade Agreement) governs which evidence is required to prove whether a Canadian or Mexican citizen is a professional in a qualifying profession. The TN Visa is a nonimmigrant visa, so the TN Visa holder is given a period of stay of 3 years, which can be extended indefinitely so long as the TN Visa holder demonstrates their intention to return to their home country.

 

What is the “dual intent” issue?

 

It is important to note that because the TN visa is a nonimmigrant visa, it does not automatically lead to a green card. Additionally, the TN Visa is not considered a “dual intent” visa. This means that because the TN visa holder declared to US immigration officials that they intended to depart when their period of authorized stay expires, they must maintain nonimmigrant intent. For this reason, applying for a green card while on a TN visa can be a violation of your stay.

 

Can I get a Green Card after a TN Visa? Answer: It Depends

 

There are three main options to transition from a TN visa to a green card without violating TN Visa status.

 

The first option is to switch from a TN Visa to a dual intent visa, and then apply for a green card. Dual intent visas that you may consider switching to include the L1 Intra-Company Transferee Visa, the H1B, and the E1/E2. Once you have obtained a dual intent visa, your employer can then file an employment-based green card on your behalf or, if you are married to a green card holder or US citizen, you can then file for a marriage-based green card without the issue of dual intent.

 

The second option is through family-based immigration, specifically through your spouse.  If your spouse is in the United States on dual intent visa and has the ability to opt for permanent residence, such as through their employer, then you can be included on their application for a green card as a derivative without violating the TN Visa single intent rule. Additionally, as long as you do not enter the United States with the preconceived intent to stay, your US citizen or lawful permanent resident spouse can apply for your green card without you switching to a dual intent visa, so long as you apply more than 90 days after your most recent entry. Waiting 90 days overcomes the presumption of fraud (i.e. having the intent to stay), but you must be prepared to show you did not have immigrant intent when you entered.

 

Lastly, a TN Visa holder can transition to a green card via consular processing without violating the terms of the TN Visa. Because the terms of TN Visa require that your stay be temporary and with the intent to leave, consular processing is a natural next step to get a green card after the TN Visa. Consular processing comes into play after an immigrant petition is filed on your behalf and approved, and then requires that you leave the United States. While outside the United States, you will have a medical exam done and attend an interview. Upon a successful interview, you will be given a visa to enter the US, where you will then receive the green card. This is one of the most effective ways to transition from a TN Visa to a green card because your TN Visa will remain valid and allow you to re-enter the United States as needed until you must leave the US to complete the consular processing.

 

The process of transitioning from a TN Visa to a green card must be done carefully so as to avoid any immigration violations. My name is Michael Ashoori and I’m a U.S. immigration lawyer and the founder of Ashoori Law. As an immigration lawyer, I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.  If you have any questions about transitioning from a TN Visa to a green card, feel free to schedule a free consultation by clicking this link.

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Loida O. Rivera de L.
estoy muy satisfecha como clienta de esta firma de abogados , ellos estan siempre diapuestos a respoder cualquier inquietud q yo tenga , yo los recomiendo al 100%.
Tarek E.
I had an excellent experience with Ashoori Law Firm, and I highly recommend their services. From start to finish, the team demonstrated a high level of professionalism, expertise, and dedication. They were extremely responsive, clear in their communication, and provided me with full support throughout the entire process, which gave me great confidence and peace of mind.
I would also like to give a special shout-out to Andreas Soto for his outstanding support from day one. His guidance, continuous follow-ups, and thoughtful recommendation of the right attorney for my case made a significant difference. Andreas was always available, attentive, and genuinely invested in ensuring everything went smoothly.
Thank you to the entire Ashoori Law team for your professionalism and commitment. I truly appreciate all the help and support, and I would not hesitate to recommend your firm to anyone seeking reliable and high-quality legal services.
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Working with Ashoori Law was the best decision I made. Their attention to detail and diligence at every step of the GC process was remarkable. It is rare to find a firm that provides such frequent check-ins while also ensuring you get a quick response every single time you call or email. They treated my case with urgency and care, and I am very happy working with them. I felt confident and informed throughout. I highly recommend them and will be working with them in future.
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My family and I had the pleasure of working with Michael's team in order to process our E2 visa. They were extremely professional, knowledgable and helpful in ultimately getting our Visa. Will use them in the future again!
Sajid I.
I used services of Ashoori Law for my L-1A petition. I started the process in Oct 24 by talking to eleven immigration law firms, of which Ashoori Law was the 8th. During my initial free consultation, I waited on the call for 10 minutes and when no one joined, I wrote to Michael and informed him of the situation. It was late in the evening in CA but Michael replied back immediately, apologised and assured me that someone would be in touch. The next morning, Ehsan got in touch, walked me through the process in detail and explained exactly how things would work. Later Ehsan arranged a call with the immigration Cristina Casabianca, who walked me through the specifics of the petition and give a clear an honest picture of the work involved, the challenges and chances of success. I selected Ashoori Law because of these three interactions with Michael, Ehsan and Cristina. Their professionalism, sincerity, honesty and enthusiasm impressed me above all the other firms that I had spoken to.
Over the next 10 months, Ashoori Law followed through progress of the case at every stage and were quick to respond to all my queries. Their teams and partners guided me smoothly through all the requirements of the petition and stepped in wherever it was necessary to address any of my concerns.
Thanks to their team and partners, I had a successful outcome to my petition. Cristina then guided me throughout the visa application and interview process and gave me advice on the things that I should bear in mind during my move.
I highly recommended the services of Ashoori Law and their partners.
Nazanin Ale H.
I had a great experience with Ashoori Law office, specifically with Geo Davidson. He helped arrange a consultation with an amazing attorney and made the entire process smooth and stress-free. What really stood out was his follow-up—he genuinely cared about making sure all my questions were answered and that I felt supported throughout the process. His professionalism, responsiveness, and attention to detail made a big difference.
I highly recommend working the Ashoory Law Office team.
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After approaching multiple lawyers, I came across Ashoori law. Michael and his team were very professional, helpful and understanding. We went through a less painstaking, systematic approach. Even though we were miles apart we got our work done through Ashoori law. Will definitely recommend this place and will go here for all our further immigration and other lawful needs. Thank you Michael and team. Was a pleasure dealing with you.
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Worked with Andres Soto of Ashoori and he was excellent in understanding my needs, understanding the relevant laws and guidelines and providing guidance on how best to achieve my goals. I recommend both Andres Soto and the firm Ashoori Law to all
Ramchandra V.
I had an excellent experience working with Ashoori Law on my E-3 visa renewal. The entire process was handled very efficiently and on time. The application package was prepared professionally and thoroughly, with great attention to detail. What really stood out was how clearly the lawyer explained the entire E-3 renewal process, walking me through each step and setting expectations upfront. I always felt informed and confident throughout. I highly recommend their services to anyone looking for a knowledgeable and reliable immigration attorney for E-3 visas.
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Michael Ashoori, Esq.

President of Ashoori Law

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped thousands of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question? Send me an email.

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