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Guide To Go from TN Visa To Green Card

Are you a citizen of Canada or Mexico aspiring to work and live in the United States? The TN Visa, under the provisions of the USMCA (previously NAFTA) agreement, presents a promising avenue. 

Although the TN Visa is classified as a nonimmigrant visa with a validity period of up to three years, it possesses the advantage of indefinite renewability. But here arises a common query – Can one transition from a TN Visa to a Green Card? Below, we’ll explore and clarify this significant question.

Intent to Stay Explained

The concept of “Intent to Stay” distinguishes between “Nonimmigrant Intent” and “Immigrant Intent.” The TN Visa operates on the principle of “Nonimmigrant Intent,” which means that individuals must express their intention to depart from the United States before their visa expires, demonstrating a commitment to status. On the other hand, visa holders with “Immigrant Intent”,” such as those with an H-1B or L-1 Visa, have the flexibility to pursue permanent residency even if their initial plan was only to stay temporarily. 

It’s worth noting that TN Visa holders also have the option to apply for a green card through employment or family sponsorship. This process shares similarities with transitioning from an H-1B visa to a green card. The key distinction lies in recognizing the shift in intention from “nonimmigrant” to “immigrant,” which allows TN Visa holders to set their sights on obtaining a card.

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TN Visa vs. Green Card: What’s the Difference?

A TN visa is designed for individuals from Canada and Mexico. It enables them to work in certain professions within the United States for a specified duration. On the contrary, a green card, also referred to as a U.S. Permanent Resident Card, provides resident status in the U.S. This implies that green card holders have the privilege to work and reside in America indefinitely.

Can You Transition from a TN Visa To a Green Card?

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If you’re a TN Visa holder with the goal of acquiring a green card, it’s vital to take into account certain timing aspects. Handling the green card application process improperly could lead to doubts about nonimmigrant intent, which might jeopardize your TN Visa renewal or extension possibilities. 

However, with trusted support, you can sustain your employment in the United States on a TN Visa while awaiting the approval of your green card application. Here are a few important factors to bear in mind:

Consular Processing Versus Adjustment of Status with USCIS

Depending on your circumstances, choosing consular processing instead of adjusting status with the United States Citizenship and Immigration Services (USCIS) might offer certain benefits.

Transitioning via H-1B Visa or L-1 Visa

Some people choose to change to an H-1B Visa or L-1 Visa status before seeking a green card.

Timing is Crucial

It’s crucial to find the balance. Applying for a card quickly after entering the U.S. might raise concerns about your intentions. On the other hand, waiting too long could leave you with insufficient time for the green card process to finish.

Understanding the TN Visa to Green Card Transition Process

If you’re a TN Visa holder aspiring to secure a green card via employment, the process mirrors that of an H-1B Visa holder. It involves the Permanent Labor Certification Process, often referred to as Program Electronic Review Management (PERM).

Transitioning from a TN Visa to a Green Card through Marriage

It’s feasible to progress from a TN Visa to permanent residency by marrying a US citizen or a U.S. permanent resident. However, these types of applications necessitate careful planning to facilitate a seamless transition. It’s crucial to remain aware of potential hurdles, including the close examination of your intentions by immigration officials.

Knowledgeable in the TN Visa to Green Card Process

Abogada Ashley Immigration, led by founder Ashley M. Arcidiacono, Esq., is sought after for its expertise in immigration law and dedication to helping clients navigate complex immigration processes

Located in Carlsbad, California, and Bend, Oregon, the firm offers a range of services, including green cards, citizenship, and other types of visa services.

About Abogada Ashley Immigration

Ashley Arcidiacono’s passion for immigration law stems from its transformative potential – it can profoundly and permanently improve people’s lives. With a background in psychology, she brings a unique perspective to her practice, focusing on the human aspect of immigration cases.

In addition to her robust knowledge of immigration law, Ashley is bilingual, speaking both Spanish and English fluently. This allows her to communicate effectively with her clients and fully understand their needs better.

She also has extensive experience in removal defense in immigration court and represents individuals seeking affirmative relief. 

Your Papers Are My Priority

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The firm’s motto, “Your papers are my priority,” underscores their commitment to client success. They are known to fight tenaciously for their clients’ rights, even when faced with challenging circumstances.

The team at Abogada Ashley Immigration brings expertise, passion, and a client-focused approach to their practice. Their commitment to fighting for their client’s rights and ability to communicate in the Spanish language makes them an excellent choice for individuals seeking help with immigration matters.

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