If you’re a Canadian or Mexican citizen utilizing a TN Visa to work in the United States, the possibility of transitioning to a Green Card under the USMCA agreement is a viable option. However, this transition demands careful consideration of various factors, including the unique “single intent” principle associated with the TN Visa.
Understanding Intent: “Single Intent” vs. “Dual Intent”
TN Visa operates on the principle of “single intent,” where holders must declare their intention to leave the U.S. before their visa expires, showcasing a “nonimmigrant intent.” While this initially seems restrictive, TN Visa holders can pursue permanent residency, or a Green Card, through employment or family sponsorship by navigating the intricacies of intent conversion.
Transitioning from TN Visa to Green Card: Key Considerations
Timing is crucial when considering the shift from TN Visa to Green Card. Mishandling the application process might raise concerns about immigrant intent, impacting TN Visa renewals or extensions. Striking the right balance involves choosing between consular processing and adjustment of status with USCIS, deciding on transitioning via H-1B or L-1 Visa, and considering the appropriate time to initiate the Green Card application.
Transitioning through Employment: The PERM Process
For TN Visa holders aiming for a Green Card through employment, the process involves the Permanent Labor Certification (PERM), often referred to as Program Electronic Review Management (PERM). This process mirrors that of H-1B Visa holders, demanding meticulous planning and adherence to specific steps.
What is the Permanent Labor Certification (PERM) process?
Transitioning through Marriage: A Unique Journey
Moving from TN Visa to permanent residency through marriage to a U.S. citizen or permanent resident is a distinct process. It demands careful planning to address potential challenges and scrutiny of intentions by immigration officials. Questions like, “Can I get married while on a TN Visa?” and “Can I still get a TN Visa if I have an approved I-130 or I-140?” are essential considerations in this journey.
Can I get married while working in the US on a TN Visa?
I have an approved I-130 or I-140, can I still get a TN visa?
Seek Guidance for a Smooth Transition
Navigating the path from TN Visa to Green Card can be intricate. It is crucial to consult with an experienced immigration attorney to ensure that every step is approached correctly, meeting all requirements. With the right approach and understanding of intent nuances, you can pursue permanent residency in the United States while holding a TN Visa. Explore the possibilities, plan strategically, and secure your pathway to a Green Card.
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