If you’re a Mexican professional in the U.S. on a TN visa and want to transition to a Green Card (permanent residency), several paths are available. While a TN visa temporarily allows you to work in the U.S., it is a non-immigrant visa, meaning it doesn’t lead directly to a Green Card. However, careful planning will enable you to go from a TN visa to a Green Card through employer sponsorship, a family petition, or even self-sponsorship. Here’s how you can take each route to achieve permanent residency.
1. Employer-Sponsored Green Card
For many TN visa holders, the most straightforward way to transition to a Green Card is through an employer. Here’s the process:
Step 1: Obtain a Job Offer
Your U.S. employer must offer you a permanent position and be willing to sponsor your Green Card application.
Step 2: PERM Labor Certification
In most cases, your employer must file a PERM Labor Certification to prove that no qualified U.S. workers are available for the job. This process usually takes several months.
Step 3: I-140 Immigrant Petition
Once the PERM certification is approved, your employer files Form I-140, the Immigrant Petition for Alien Worker, on your behalf.
Step 4: Adjustment of Status or Consular Processing
As a TN visa holder, you can stay in the U.S. while your Green Card application is processed. You’ll file Form I-485, Application to Register Permanent Residence, for adjustment of status. Alternatively, you can complete consular processing if you prefer to finish the process outside the U.S.
Essential Tip: Dual Intent
TN visas don’t explicitly allow “dual intent” (temporary stay with the intent to apply for a Green Card). However, applying for a Green Card through employer sponsorship can work if timed well, as long as you maintain your TN visa status until the adjustment of status phase.
2. Green Card Through a Family Member
Family sponsorship might be an option if you have a close relative who is a U.S. citizen or a Green Card holder.
Eligible Family Members Include:
- U.S. citizen spouse
- U.S. citizen child (over 21)
- U.S. citizen parent
- U.S. Green Card holder spouse
Process Overview:
- The U.S. citizen or Green Card holder relative files Form I-130, Petition for Alien Relative.
- Once the I-130 is approved, you can adjust your status in the U.S. (Form I-485) or complete consular processing from Mexico.
Important: Since the TN visa is temporary and doesn’t directly allow for immigration intent, timing is critical when transitioning from a TN visa to a family-sponsored Green Card. You may need to maintain your TN visa or switch to another temporary status during the process.
3. Self-Sponsorship Options
For certain professionals, self-sponsorship for a Green Card is possible through two main routes: the EB-1A for extraordinary ability and the EB-2 National Interest Waiver (NIW).
EB-1A Extraordinary Ability
This category is for professionals who have demonstrated extraordinary ability in science, education, business, or athletics. You must provide evidence of sustained national or international recognition in your field.
- Advantages: No employer sponsorship is required, and the process can be faster than other employment-based Green Cards.
- Challenges: The criteria are very strict, and extensive documentation is required to prove your extraordinary ability.
EB-2 National Interest Waiver (NIW)
The EB-2 NIW is for professionals whose work benefits the U.S. and serves the national interest. This category is less restrictive than EB-1A, but you must demonstrate that your work has substantial merit and importance.
- Advantages: No employer required.
- Challenges: You must provide detailed evidence that your work benefits the U.S. and is in the national interest.
Step-by-Step for Self-Sponsorship:
- File Form I-140 with supporting documents to prove your eligibility under either EB-1A or EB-2 NIW.
- Once approved, you can either adjust your status in the U.S. or go through consular processing.
Conclusion
Moving from a TN visa to a Green Card may seem complicated, but with the right strategy, it’s achievable. Whether you choose employer sponsorship, family sponsorship, or self-sponsorship, understanding the steps and maintaining your current status is vital to a successful transition. Consult an immigration attorney to guide you through the process and ensure your application goes smoothly.
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