Many Canadians move to the U.S. for work, family, or long-term opportunities. But how can a Canadian go from visiting or working in the U.S. to becoming a U.S. citizen?
The process involves three main steps:
- Obtain a visa that allows you to live and work in the U.S. (or adjust status through marriage).
- Get a green card (permanent residency).
- Apply for U.S. citizenship through naturalization.
This guide explains each step in detail, including common visa options, transitioning from a visitor to a green card, and what you need to do to become a U.S. citizen.
Step 1: Choose the Right Visa or Path to a Green Card
To start your journey, you’ll need a visa that allows you to live and work in the U.S. Some visas lead directly to a green card, while others require additional steps.
1. TN Visa (Trade NAFTA/USMCA Visa)
The TN visa is a popular option for Canadians under the United States-Mexico-Canada Agreement (USMCA, formerly NAFTA). It allows professionals in certain fields to work in the U.S. for a U.S. employer.
- Who qualifies? Professionals in fields like engineering, accounting, science, and healthcare (full list available on the U.S. government website).
- How long is it valid? Initially up to 3 years and can be renewed indefinitely.
- Can you get a green card? The TN visa is not a direct path to a green card, but many TN holders switch to an employer-sponsored green card or marry a U.S. citizen.
2. H-1B Visa (Specialty Occupations)
The H-1B visa is for professionals in specialized fields requiring a bachelor’s degree or higher.
- Who qualifies? IT professionals, engineers, healthcare workers, and other specialized workers.
- How long is it valid? Up to 6 years (initially 3 years, with a 3-year extension).
- Can you get a green card? Yes, the H-1B visa allows for dual intent, meaning you can apply for a green card while on H-1B status.
3. L-1 Visa (Intra-Company Transfer)
The L-1 visa is for employees of a Canadian company transferring to a U.S. office.
- Who qualifies? Executives, managers, and employees with specialized knowledge.
- How long is it valid? Up to 7 years for executives/managers (L-1A) and 5 years for specialized knowledge employees (L-1B).
- Can you get a green card? Yes, the L-1A is a common path to an EB-1C green card for multinational executives.
4. Marriage to a U.S. Citizen or Green Card Holder
If you are in the U.S. on a visitor visa (B1/B2), TN, or another non-immigrant visa, you may be able to adjust your status to a green card through marriage.
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Marriage to a U.S. Citizen:
- You can apply for a green card immediately through adjustment of status (Form I-485).
- You must prove the marriage is genuine (not for immigration purposes).
- Processing time: 12-18 months (with work and travel authorization typically granted within 6 months).
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Marriage to a U.S. Green Card Holder:
- You must wait for a visa to become available under the F2A category before applying for a green card.
- Processing time: 2-3 years (varies based on visa availability).
Important Notes on Visitor Visa to Green Card
- If you enter the U.S. on a visitor visa with the intent to marry and stay, this could be considered visa fraud.
- If you genuinely meet and decide to marry after arriving, you may apply for a green card while inside the U.S. through adjustment of status.
- It’s best to consult an immigration attorney before proceeding.
5. Family Sponsorship
If you have close family in the U.S., they may be able to sponsor you for a green card.
- Spouse of a U.S. citizen – Fastest path to a green card (usually within 12-18 months).
- Parent, child, or sibling – Processing times vary (several years in most cases).
Step 2: Get a Green Card (Permanent Residency)
A green card allows you to live and work permanently in the U.S. Once you have one, you must maintain your residency before applying for citizenship.
Common Ways to Get a Green Card
- Through family – If a U.S. citizen or permanent resident sponsors you.
- Through employment – If your employer sponsors you for a green card under an EB-2 or EB-3 category.
- Through L-1A Visa (EB-1C) – If you are an executive or manager in a multinational company.
- Through marriage – If you marry a U.S. citizen or green card holder.
Green Card Requirements
- You must live in the U.S. for at least 5 years (or 3 years if married to a U.S. citizen).
- You must avoid long trips outside the U.S., which could impact your permanent resident status.
Step 3: Apply for U.S. Citizenship (Naturalization Process)
Once you have held your green card for the required time, you can apply for U.S. citizenship.
Eligibility Requirements:
- Be at least 18 years old.
- Have lived in the U.S. for at least 5 years (or 3 years if married to a U.S. citizen).
- Show good moral character (no serious criminal history).
- Pass the U.S. citizenship test on history, government, and English.
Naturalization Steps:
- File Form N-400 – Submit your citizenship application to USCIS.
- Attend a biometrics appointment – Provide fingerprints for a background check.
- Complete an interview and test – You’ll answer questions about U.S. history, government, and demonstrate English skills.
- Take the Oath of Allegiance – Once approved, you attend a ceremony to officially become a U.S. citizen.
Conclusion
For Canadians, becoming a U.S. citizen is a multi-step process that requires planning and patience. Whether you come on a work visa (TN, H-1B, L-1), adjust your status after marrying a U.S. citizen, or are sponsored by family, getting a green card is the key step toward citizenship. If you’re considering U.S. citizenship, consult an immigration attorney to ensure you’re on the right path.
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