Another viable option for TN Visa holders is transitioning to a Green Card through family-based sponsorship. This blog will explain the family-based Green Card categories, the application process, and key considerations for transitioning from TN Visa to permanent residency.
Understanding the TN Visa
The TN Visa, under the United States-Mexico-Canada Agreement (USMCA), allows qualified Canadian and Mexican citizens to work in the United States in specific professional roles. While the TN Visa is temporary, TN holders can transition to a Green Card through family-based sponsorship.
Family-Based Green Card Categories
Family-based Green Cards are available for immediate relatives of U.S. citizens and lawful permanent residents. The main categories include:
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Immediate Relatives of U.S. Citizens:
- Spouses
- Unmarried children under 21
- Parents (if the U.S. citizen is over 21)
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Family Preference Categories:
- F1: Unmarried sons and daughters (21 and over) of U.S. citizens.
- F2A: Spouses and unmarried children (under 21) of lawful permanent residents.
- F2B: Unmarried sons and daughters (21 and over) of lawful permanent residents.
- F3: Married sons and daughters of U.S. citizens.
- F4: Brothers and sisters of U.S. citizens (if the U.S. citizen is over 21).
Steps to Transition from TN Visa to Green Card
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Filing Form I-130 (Petition for Alien Relative):
- The sponsoring family members file Form I-130 with USCIS to establish a familial relationship.
- Approval of Form I-130 allows the intending immigrant to apply for a Green Card.
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Consular Processing or Adjustment of Status:
- Consular Processing: If you are outside the U.S., you will process your Green Card application at a U.S. embassy or consulate.
- Adjustment of Status (Form I-485): If you are in the U.S., you can file Form I-485 to become a Green Card holder.
Key Considerations and Tips
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Maintain TN Status:
- To ensure continuous work authorization, it’s essential to maintain your TN status until your Green Card application is approved.
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Documentation:
- Ensure all required documents, such as birth certificates, marriage certificates, and proof of the sponsor’s U.S. citizenship or permanent residency, are accurate and up-to-date.
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Legal Assistance:
- Consulting with an immigration attorney can help navigate the complexities of the family-based Green Card process and increase the likelihood of a successful application.
Conclusion
Transitioning from a TN Visa to a Green Card through family-based sponsorship involves several steps but can lead to permanent residency in the United States. TN Visa holders can successfully navigate this transition by understanding the process and maintaining proper documentation. Please schedule a consultation with one of our experienced immigration lawyers for assistance with the transition from a TN Visa to a green card.
Schedule a Consultation with an Immigration Lawyer
Citations
If you have questions regarding transitioning from a TN Visa to a Green Card, 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.