The TN visa is a nonimmigrant visa available to Canadian and Mexican citizens seeking professional employment in the United States. Unlike other nonimmigrant work visas, the TN visa does not require the applicant to have a job offer from a U.S. employer. The TN visa category was created as a result of the North American Free Trade Agreement (NAFTA). Click here to check out NAFTA professional list. NAFTA is a trade agreement between the United States, Canada, and Mexico that came into effect on January 1, 1994. The TN visa category was created to facilitate the entry of Canadian and Mexican citizens who are engaged in certain professions on a temporary basis.
Eligibility and Process
The TN visa category is open to Canadian and Mexican citizens only. Citizens of other countries are not eligible for the TN visa.
To be eligible for a TN visa, the applicant must:
- Be a citizen of Canada or Mexico
- Have a profession that is on the NAFTA list of occupations
- Have a letter from a U.S. employer stating the nature of the applicant’s employment in the United States
The TN visa is a stepping stone to a green card for many Canadian and Mexican citizens. While the TN visa does not lead directly to a green card, it is possible to obtain a green card after marriage to a U.S. citizen or lawful permanent resident.
The process of obtaining a green card through marriage is as follows:
- The foreign national spouse obtains a TN visa and enters the United States.
- The couple gets married.
- The foreign national spouse files an application for a green card with U.S. Citizenship and Immigration Services (USCIS).
- USCIS approves the application and the foreign national spouse is issued a green card.
- The foreign national spouse becomes a lawful permanent resident of the United States.
There are a few things to keep in mind when applying for a green card through marriage. First, the marriage must be bona fide, meaning that it must be entered into for love and not for the purpose of evading immigration laws. Second, the couple must be able to demonstrate that they have a genuine relationship. This can be done by providing evidence of joint ownership of property, joint bank accounts, and shared responsibility for children.
It is also important to note that, if the foreign national spouse is already in the United States on a nonimmigrant visa, he or she may be able to adjust status to obtain a green card without having to leave the country. This is known as adjustment of status.
Marriage and TN Visa Status Conflicts
When a TN visa holder gets married, there may be some conflicts that arise with their TN status. For example, if the TN visa holder’s spouse is not a citizen of Canada or Mexico, they will not be able to obtain a TD visa. In this case, the TN visa holder’s spouse would need to apply for a different type of visa, such as a student visa or work visa.
Another potential conflict that could arise is if the TN visa holder’s spouse is already in the United States on a different type of visa. In this case, the TN visa holder’s spouse would need to adjust status to obtain a green card. The process of adjusting status can be complicated and it is important to consult with an experienced immigration attorney before proceeding.
Despite these potential conflicts, the TN visa is still a great option for Canadian and Mexican citizens seeking professional employment in the United States. The TN visa is valid for up to three years and can be renewed indefinitely. Spouses and children of TN visa holders may enter the United States on TD visas.
Immigration Strategy
The TN visa is a good opportunity for Canadian and Mexican citizens who are looking for professional employment in the USA. To be eligible for a TN visa, the applicant must be a citizen of Canada or Mexico, have a profession that is on the NAFTA list of occupations, and have a letter from a U.S. employer stating the nature of the applicant’s employment in the United States.Â
What temporary intent is required for a TN?
In order to qualify for a TN visa, the applicant must have “nonimmigrant intent.” This means that the applicant must have Temporary Intent. The applicant must be able to demonstrate to U.S. Customs and Border Protection (CBP) that they have ties to their home country that they intend to return to after their stay in the United States.
What are some examples of ties to one’s home country?
Some examples of ties to one’s home country are:
- Property ownership
- Family ties
- Employment
- Bank accounts
What is the difference between a TN visa and a green card?
A TN visa is a nonimmigrant visa and a green card is an immigrant visa. A TN visa allows the holder to live and work in the United States on a temporary basis. A green card allows the holder to live and work in the United States on a permanent basis.
Can a TN visa holder apply for a green card?
Yes, a TN visa holder can apply for a green card. The process of applying for a green card is called “adjustment of status.” Adjustment of status is a process that allows a foreign national to apply for a green card while in the United States.
What is the process of adjusting status?
The process of adjusting status is as follows:
- The foreign national files an application for a green card with U.S. Citizenship and Immigration Services (USCIS).
- The foreign national becomes a lawful permanent resident of the United States.
What are the requirements for adjusting status?
There are a few requirements that must be met in order to adjust status, such as:
- The foreign national must be eligible for a green card.
- The foreign national must be in the United States.
- The foreign national must have entered the United States legally.
What are the benefits of adjusting status?
There are a few benefits of adjusting status, such as:
- The foreign national does not have to leave the United States.
- The foreign national can remain in the United States while their application is pending.
What are the risks of adjusting status?
There are a few risks of adjusting status, such as:
- The foreign national’s application could be denied.
- The foreign national could be placed in removal proceedings.
It is important to consult with an experienced immigration attorney before proceeding with the adjustment of status process.
