U.S. immigration can be challenging, especially when your TN visa expires, but you have a pending application for permanent residency or a green card. If you’re a Canadian or Mexican national in the U.S. under a TN (Trade NAFTA) visa and face this scenario, it’s essential to understand your options to maintain your legal status. We will discuss what options you might have here.
Extending Your TN Visa
Firstly, consider extending your TN visa and making sure your TN status will be valid during the adjudication of the green card. TN visas can be extended in three-year increments, and there is no limit on the number of times you can extend as long as you continue to meet the requirements. However, it’s essential to note that the TN visa is non-immigrant, meaning you must demonstrate a non-permanent intent. This can become complicated if you have a pending green card application, as it indicates an intention to become a permanent resident.
Adjustment of Status (AOS)
In some cases, if you are already in the United States under a valid TN visa, you might be eligible to file for an adjustment of status. This process allows you to change your status from a non-immigrant (TN) to a lawful permanent resident without having to leave the U.S. However, the timing is critical. Your TN visa must remain valid until your AOS application is filed. Once your AOS application is filed and accepted, you’re typically authorized to stay in the U.S. while your application is pending, even if your TN visa expires. The best practice is to ensure your TN visa remains valid throughout the adjustment process.
Employment Authorization Document (EAD) and Advance Parole
While your AOS application is pending, you can apply for an Employment Authorization Document (EAD) and Advance Parole. The EAD allows you to work in the U.S. legally, and Advance Parole permits you to travel internationally and re-enter the U.S. while your green card application is pending. These documents can provide additional flexibility during this transitional period.
Conclusion
Transitioning from a TN visa to a green card involves balancing a complex intersection of immigration rules and regulations. By understanding your options and taking proactive steps, you can maintain your legal status in the U.S. while your green card application is being processed.
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We Can Help!
You may have questions regarding obtaining a green card while under TN visa status. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
