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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I would like to express my most heartfelt gratitude and thanks to Michael Ashoori and the entire Ashoori Law team. I just received my passport with my E2 visa stamp this morning and I boarded my flight to the US tonight. It has been a long and stressful journey with many stops, starts, pivots, and redirections. Along the way my assigned attorney Pardeep Singh was patient and very generous with his time accommodating the twist and turns of my application. He understood how important the application was to me personally; it was not just “another file” for him. He used to tell me, that “on game day (interview date) to ensure the best chances of success, it is critical that the Consular officer have a well-prepared application in front of him” so he was always focused on the smallest details. He delivered on what he and Michael promised, and I was approved. My family and I are very happy!

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I would like to thank Michael Ashoori and his entire team for my E2 approval! I would like to give a very special thank you to my assigned attorney, Pardeep Singh for his dedication, attention to detail, mastery of the law, and the excellent application he presented to the Consulate. Being a seasoned executive with decades of business experience, routinely interacting with “icons and titans” of the hospitality industry from around the world, I already had my own vision of how to portray my business, what documents to produce, and how best it should be presented. Pardeep took all the data, completely dissected it, disregarded nonrelevant items, and reorganized the data and documents so that they were a “natural” fit with all the required elements of the visa. He over engineered my entire file, prepared me for the interview thoroughly, had me repeatedly watch Michael’s interview prep videos, and at the interview all went smoothly and I was approved. I whole heartedly endorse Michael Ashoori, his entire team, and Pardeep! To anybody looking for immigration services, the Ashoori team truly care and take a vested interest in your success.

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Raj B.
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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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