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How Can a TN Visa Holder Obtain Permanent Residency

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  • 12-15-2014, 04:52 PM
    kanada
    How Can a TN Visa Holder Obtain Permanent Residency
    Hi,

    My wife, children and myself are Canadians. We are in the U.S. since 2005 and we have always been under legal status. I have a TN while my family members have TD. I would like to get a Green Card and I would like to get some advice and strategy.

    I have discussed with several attorneys who have given me mixed opinions and recommendations. Some have advised that I should go through H1B and not thru TN since TN doesn't have a dual intent and it constitute risk. While some have advised that it is possible to apply for GC direct from TN base on a recently published authoritative letter from the U.S. Customs and Border Protection Agency (CBP) addressing the TN nonimmigrant visa category offers new and definite insight on the CBP’s policy for determining immigrant intent. In the letter, dated April 2008, the Executive Director of Admissibility and Passenger Protection Programs details clearly that filing an immigrant petition (I-140) alone is not automatically considered a demonstration of immigrant intent, and aliens with pending I-140s may still be admitted into US with a TN visa.

    http://ailanewyork.org/formsminutesm...ris_Letter.pdf

    I have applied for H1B twice but unfortunately was unable to get due to the quota. I personally find waiting each year for H1B is time consuming if unsuccessful while I am also worried to file for a Green Card while I have a TN Visa. I am not sure of the direction and I would like to get advice from Canadians who have successfully got their Green Card.

    I am also seeking an attorney who is seasoned dealing in cases for Canadians. Unfortunately, I haven't found a single immigration attorney who has successfully done a Green Card case for a Canadian.

    Thank you.
  • 12-15-2014, 07:21 PM
    T53147
    Re: Tn-Nafta to Green Card - Need Advice on Strategy
    Do you mean attorneys unsuccessful for TN to green card or any Canadian?
  • 12-15-2014, 08:26 PM
    kanada
    Re: Tn-Nafta to Green Card - Need Advice on Strategy
    No. I have not met a single attorney who has done a TN to GC case; i.e. I would be his/her first client.
  • 12-16-2014, 10:24 AM
    T53147
    Re: Tn-Nafta to Green Card - Need Advice on Strategy
    Immigration law is federal practice, and the attorney can be in any location. Check the AILA organization.
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