If you’re currently in the U.S. on a TN visa and are considering applying for a green card, understanding the process is essential. The TN visa is a popular non-immigrant visa for Canadian and Mexican professionals, but making the switch to permanent residency involves careful planning. Here are three key points to consider when moving from a TN visa to a green card. You should sign up for one of our webinars as we often have visa to green card webinars available.
1. Yes, You Can Adjust Status from a TN Visa to a Green Card
It is possible for someone in the U.S. on a TN visa to adjust their status and obtain a green card. However, the process is not straightforward and requires meeting certain eligibility criteria. Adjustment of status is a legal process that allows you to apply for permanent residency without leaving the U.S., but it’s important to understand how this interacts with the non-immigrant nature of the TN visa. The key is that when you entered on a TN that you did not intend to adjust status. Once here, if your plans changed, you can start the process to adjust status. Ideally, you would want the entire process complete before you have to apply for another TN visa so you must plan everything carefully.
2. The TN Visa is a Non-Immigrant Visa: Timing is Critical
The TN visa is classified as a non-immigrant visa, which means that when you enter the U.S. on a TN, you are declaring to the government that you do not intend to immigrate and apply for a green card during that visit. However, circumstances can change, and you may decide to apply for a green card later. If you do, timing is crucial. Once you apply for a green card, extending or renewing your TN status or visa becomes very difficult, if not impossible, because you are then seen as having immigrant intent, which contradicts the original basis of your TN visa.
3. A TN Visa is Not a Direct Pathway to a Green Card
It’s important to note that holding a TN visa does not directly lead to a green card. To apply for a green card, you must have an independent basis for eligibility. This could be through family sponsorship, such as a spouse or parent who is a U.S. citizen or permanent resident, or through employment sponsorship, where an employer is willing to sponsor you for a green card. Simply being on a TN visa does not provide a pathway to permanent residency on its own.
Conclusion
Transitioning from a TN visa to a green card is possible, but it requires careful consideration of timing and eligibility. Understanding the implications of immigrant intent and having a clear path to sponsorship are key to navigating this process successfully.
If you’re considering moving from a TN visa to a green card, it’s essential to plan your steps carefully. Scheduling a consultation can help ensure you meet the requirements and avoid potential pitfalls.
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