How to become a permanent resident of the USA having a TN visa?

How to become a permanent resident of the USA having a TN visa?

If you need help with your immigration status, call us today at (619) 746-8879

The dream of many professionals is to work in the United States (USA), and, fortunately for many, this country does not rule out the possibility of receiving them. And we are talking about one of the countries that receive the most immigrants annually from different parts of the world.

Now, certain profiles have this task easier than others. In particular, Mexican and Canadian professionals are relatively privileged due to the existence of the North American Free Trade Agreement (NAFTA).

It is an agreement that allows them to stay in the US working for years and even choose to obtain their Green Card. In this opportunity, we will explain what NAFTA and the TN visa consist of. In addition, we will explain what those people who, already having it, need to change their status to immigration due to a family situation can do.

What are NAFTA and the TN visa?

The NAFTA treaty was created to facilitate economic relations and the exchange of professionals between the United States, Canada, and Mexico. As the map shows, these countries make up the North American region and are also close geographically.

From this agreement came the TN visa, which allows professionals with Canadian or Mexican citizenship to request temporary entry to the US to work in fields of work according to their training.

This visa allows them to enter the country under the nonimmigrant classification and is particularly useful for those who have certain university degrees and work opportunities abroad. Like that of other documents related to the entry and exit of the US by foreigners, its processing is in charge of the United States Citizenship and Immigration Service (USCIS).

How long is the TN visa valid for?

Initially, the TN visa for specific jobs is valid for three years. This is a prudent time for a company to receive a certain professional in-person to carry out the functions of their position. However, if required, it can be renewed indefinitely.

What professions fit to obtain a TN visa?

The main thing is to clarify which profiles fit into this agreement. NAFTA grants nonimmigrant visas to qualified accountants, engineers, lawyers, pharmacists, teachers, and scientists in neighboring Canada and Mexico.

What are the requirements to obtain a TN visa?

However, it is not enough to have studied any of these careers. As with any other nonimmigrant visa, there are a series of requirements to be able to aspire to obtain it.

In this case, it is necessary to be a Canadian or Mexican citizen, that the job that merits the TN visa fits with a NAFTA professional; that the professional is qualified to hold said position; that there is a pre-arrangement with a US employer for a full-time or part-time job. In addition, it is essential to note that, under these conditions, the person cannot work on their own.

The most important requirement: no intention of staying

It is important to note that, although it does not appear as the main one in the list of requirements to apply for a visa, the most important one is implicit. Mexican or Canadian professionals who request this visa should not intend to stay in the US. Or, at least, there should be no evidence to prove it. Remember: this is not a dual intent visa.

How can you legally extend the TN visa for employment?

As long as there is no preconceived intention to stay in the US, TN visa holders, whether Canadian or Mexican, can extend their duration to continue working. To do this, the employer (or new employer) must complete and submits to the USCIS Form I-129, designed for these cases.

What happens when it is discovered that there are intentions to remain in the US permanently?

However, it is a fact that many people can aspire to remain in the US indefinitely by obtaining a job that allows them to move there legally. This is perfectly understandable, but it is necessary to consider the legality of said wishes and, above all, the steps to follow to make them come true.

It is essential not to express any interest in staying in the country to obtain a TN visa. In fact, the professional in question must intend to retire as soon as his employment relationship or the project that merits his presence ends.

Otherwise, if immigration officials found evidence of a “preconceived intention” to remain in the US, they would interpret it as a visa violation. This would also imply a possible denial of the Green Card application in the future.

Conditions that would warrant adjusting the TN visa status

Now, we know that endless things can happen during a three-year stay in a foreign country. On occasion, the plans of TN visa holders who have obtained a visa with no intention of staying may change.

To begin with, human beings are social by nature, and interactions within the United States can lead to new bonds. One of the main relevance for this topic is marriage with a US citizen or a Green Card holder.

How to adjust status for TN visa?

Even those who did not have a preconceived intention of staying in the country may at some point find it necessary to do so. As we explained, some may find a partner in the US and have plans to get married and start a family; Others, when also bringing their children or spouse for a long time, consider the idea for stability issues, especially when trips to the US are very frequent.

But then, what can they do to adjust the status? Generally speaking, they can file a family-based immigrant petition with Form I-130, and they can then complete and submit Form I-485 regarding adjustment of status. Both templates are found on the official USCIS website.

Form I-130: Petition for Alien Relative

Filing Form I-130 with USCIS is the first step in the family-based Green Card application process. Its issuance certifies a valid family relationship between a US citizen or a Green Card holder and a person who chooses the latter. In this case, the holder of the TN visa initially granted for employment.

Form I-485: Adjustment of Status

It is a form designed to register the permanent residence or adjust the status of a foreigner in the US. Through this, Canadian or Mexican professionals with a TN visa can request a change in their immigration status to go from being temporary to permanent residents.

Form I-485 is filed after filing Form I-130 reporting family relationships. In this way, foreigners can obtain a Green Card and assume the benefits and obligations that this entails.

Evidence must be issued that there is a family bond between the two to do this. For example, in the case of a married couple, the parties must provide joint bank statements, insurance documents, and photographs that prove their relationship. In this way, officials can consider the link “authentic” and rule out that it is a fraud to obtain the Green Card from the foreign party.

When is it wise to apply for a TN visa adjustment?

Although adjusting the TN visa of a foreigner working in the US is possible, it is essential to respect the times to do so. If there is an intention to stay in the country with a valid TN view, it is most prudent to issue Form I-485 within 90 days of entering the US. As experts on this topic, we recommend doing it after this time to avoid rejection and problems with USCIS.

What happens after I file Form I-485 Adjustment of Status?

However, once Form I-485 for adjustment of status is filed, the TN visa holder can continue to work legally with it. However, they will not be able to renew it or request a new one with a different employer because they would have clearly stated their intention to stay with the issuance of the said form.

There is no need to be alarmed since there are other options for these cases. After the TN visa expires, applicants can file a separate employment authorization with Form I-765.

Its approval takes around 90 to 120 days, and once confirmed, the USCIS would issue an Employment Authorization Card (EAD). The latter is not tied solely to a specific sponsoring employer or profession; on the contrary, with it, the applicant will not have limitations to work with other employers in different fields.

Finally, if Form I-485 is approved, the Canadian or Mexican professional will receive the desired Green Card; With this, they become a permanent resident in the US and can work and travel inside and outside the territory legally.

Are there other ways to obtain a Green Card while having a TN visa?

The USCIS forms are not the only way to process the Green Card having a TN visa, and there is also the consular procedure that starts when they apply through an embassy or consulate. This would be an option for those who have already expressed their desire to stay in the US and have problems because they are missing this requirement.

Legal advice for the adjustment of the TN visa

Indeed, all these processes require a thorough knowledge of the TN visa and the Green Card characteristics. Many people might make the mistake of issuing Form I-485 when they first get their TN visa; Others could be limited from working after issuing it because they do not know that they can process an EAD. Therefore, it is always advisable to seek the correct legal advice to take each step with a guarantee of achieving the objective in question. That is what Kannan Law is here for.

Whether you have a TN visa and your plans have changed during your temporary stay in the US; that you believe you have made a mistake in applying for these or other visas; or simply that you need to know whether or not you meet the requirements to use these routes, here we can help you. We have a qualified team with experience in immigration matters that will attend and solve your doubt or problem. In these cases, time is very valuable, so do not hesitate to contact us.