Is It A Myth That A TN Does Not Qualify For A Green Card?

The TN Visa offers a streamlined path for Canadian and Mexican professionals to work in the United States. It is for specific occupations and provides temporary work authorization. However, many believe transitioning from a TN Visa to a Green Card is impossible. This misconception often stems from the TN Visa’s requirement for non-immigrant intent.​

This guide aims to clarify the possibilities and processes involved in moving from a TN Visa to permanent residency. Explore the challenges, potential pathways, and strategies to maintain compliance throughout the transition.

Framework Of The TN Visa

The TN Visa allows certain professionals from Canada and Mexico to work temporarily in the United States. It is specific to occupations listed under the USMCA agreement. While it offers opportunities, it also comes with limitations that applicants must consider.​

What Is A TN Visa?

The TN Visa was established under the United States-Mexico-Canada Agreement (USMCA). It facilitates the entry of Canadian and Mexican citizens into the United States. It covers occupations such as engineering, science, and teaching. It is valid for up to three years; Visa holders can renew it indefinitely. However, each renewal requires proof of continued non-immigrant intent.​

What Are The Limitations Of The TN Visa?

A significant limitation of the TN Visa is its requirement for non-immigrant intent. Applicants must demonstrate they do not intend to immigrate permanently to the U.S. Unlike H-1B or L-1 Visas, the TN Visa does not allow dual intent. It means that applying for a Green Card while on a TN Visa can be challenging.​

Understanding these limitations is vital for those considering a transition to permanent residency. The next section will explore the challenges and potential pathways for TN Visa holders seeking a Green Card.​

Transitioning From TN Visa To Green Card

Transitioning from a TN Visa to a Green Card involves intricacies and complexities of U.S. immigration law. Applicants must understand the challenges posed by the non-immigrant intent requirement and explore viable pathways to permanent residency. Careful planning and adherence to legal procedures are paramount.​

Challenges Due To Non-Immigrant Intent

The TN Visa’s non-immigrant intent requirement means that holders must not intend to stay in the U.S. permanently. Applying for a Green Card can conflict with this requirement, potentially leading to Visa denial or complications.

Immigration authorities may perceive the application as evidence of immigrant intent, which contradicts the conditions of the TN Visa. Therefore, timing and strategy are critical when considering this transition.​

Possible Pathways To A Green Card

There are several legal routes for TN Visa holders to pursue permanent residency in the U.S. Each option depends on individual circumstances and qualifications. Understanding these paths can help applicants choose an effective and compliant Green Card strategy.

Employment-Based Sponsorship

One common pathway is through employment-based sponsorship. It involves the employer filing a PERM Labor Certification to demonstrate the need for a foreign worker. Subsequently, the employer files Form I-140, the Immigrant Petition for Alien Worker.

If the applicant is in the U.S., they can file Form I-485 to adjust their status; otherwise, they must undergo Consular Processing abroad.​

Family-Based Sponsorship

Another pathway is family-based sponsorship. Immediate relatives, such as a U.S. citizen spouse, can file Form I-130 on behalf of the TN Visa holder. Upon approval, the applicant can proceed with Adjustment of Status or Consular Processing, depending on their location. This route often has shorter processing times for immediate relatives.​

Other Options

There are self-petition options for individuals with exceptional qualifications. The EB-1A category is for individuals with extraordinary abilities in science, arts, or business. The EB-2 National Interest Waiver (NIW) is for individuals whose work has a significant benefit to the U.S.

These options require substantial evidence of the applicant’s contributions and qualifications.​ Understanding these pathways is vital for TN Visa holders considering permanent residency. The next section will discuss maintaining TN status during the Green Card application process.​

Maintaining TN Status During Green Card Application

Maintaining TN status while applying for a Green Card requires strategic planning. Applicants must be mindful of timing and travel restrictions to avoid jeopardizing their current status. Adhering to legal guidelines ensures a smoother transition.​

Timing Considerations

Filing for a Green Card on a TN Visa immediately after entering the U.S. can raise red flags. It’s advisable to wait at least 90 days to mitigate concerns about immigrant intent. This waiting period helps demonstrate compliance with the TN Visa’s non-immigrant requirement. The careful timing of application submissions is critical.​

Travel Restrictions

Traveling abroad during the Green Card application process can be risky without Advance Parole. Leaving the U.S. may be interpreted as abandoning the Adjustment of Status application. Therefore, applicants should obtain Advance Parole before traveling internationally. This document allows re-entry without affecting the pending application.​

TN Visa holders can better navigate the Green Card application process by understanding these considerations. The next section explores common pitfalls and offers tips on how to avoid them.​

Knowing The Common Pitfalls & Avoiding Them

Transitioning from a TN Visa to a Green Card involves potential pitfalls that can derail the process. Awareness and proactive measures can help applicants avoid these issues. Here, examine common challenges and strategies to mitigate them.​

Misrepresentation Of Intent

Entering the U.S. on a TN Visa to apply for a Green Card can be deemed fraudulent. Immigration officers may interpret this as misrepresentation, which can lead to serious consequences. Always be honest about your intentions when entering the U.S. Waiting a reasonable period before applying for a Green Card can help avoid these issues.

Employment Changes

Changing employers while your Green Card application is in process can complicate matters. If you switch jobs, the new position must align with your original petition. Otherwise, you may need to restart the sponsorship process. Consulting an attorney before making employment changes is highly recommended.

Documentation & Deadlines

Missing a deadline or submitting incomplete documentation can delay or derail your application. The immigration process is document-heavy and time-sensitive. Keep detailed records and track every USCIS filing date. Set calendar reminders or work with legal professionals to stay on schedule.

By clarifying these common issues, applicants improve their odds of a smooth transition. Now, look at how Lozano Law Firm can guide you through every step of this journey.

Getting Assistance From Lozano Law Firm

At Lozano Law Firm, we focus exclusively on immigration law, and TN Visa transitions to Green Cards are one of our core strengths. Our legal team has helped many professionals navigate this specific path precisely and clearly. We know the pain points and how to address them early, so we combine knowledge with an action plan that fits your situation.

We support both employment-based and family-based Green Card cases. Whether your application needs PERM labor certification, I-130 family petitions, or Adjustment of Status, we’ve got it covered. We help you stay compliant, manage all paperwork, and avoid critical mistakes. We review every document carefully and track deadlines.

Our consultations are one-on-one, so we understand what you need. We’re committed to keeping communication open and clear throughout the process. You’re never just a case number with us. You’re a person with a future that matters.

A Green Card is not out of reach for TN Visa holders. Despite non-immigrant intent rules, there are viable paths through employment, family, or other legal channels. What matters most is following the correct process with accurate information at the right time. Don’t let myths block your way forward.

At Lozano Law Firm, we help TN Visa holders take the next step with confidence. From strategy to paperwork, we’ve got your back. If you’re thinking about permanent residency, let’s talk. We’ll catch every detail and explore every option—together.