How to Get a Green Card With a TN1 Visa
A TN-1 visa is a temporary worker visa for Canadian citizens who have an employment offer with a United States-based company. Under the North American Free Trade Agreement (NAFTA), this visa was developed as a way of giving Canadian professionals and the U.S. job market easier access to one another. Canadian workers may eventually wish to change their temporary worker status to permanent residence, which is done by applying for a green card.
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Immigration Intent
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TN-1 visas are relatively easy to obtain and renew, but one complication is that you must maintain permanent residence in Canada while living and working in the U.S. A TN-1 is considered a non-immigrant visa; TN-1 holders must intend to stay in the United States for a finite amount of time. Because of this provision, you must carefully time your application for permanent residence, or green card, so that you do not invalidate the non-immigrant intent of your visa.
Employment
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If you work in the United States under a TN-1 visa, your employer can sponsor your application for permanent residence. To do so, the employer must request permanent labor certification on your behalf from the United States Department of Labor. Once they receive this, they have 180 days to submit a Petition for Alien Worker form. When this petition is granted, you must fill out an Application to Register Permanent Residency or Adjust Status, including all necessary paperwork and supporting documentation.
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Family
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If your application for permanent residence for employment reasons is denied, you can also try to get a green card through a family member who is a U.S. citizen. Family member applications are divided up based on whether the U.S. citizen is an immediate family member or in a family preference category. Children, spouses and parents of U.S. citizens are considered immediate relatives. Family members in preference categories include adult children and siblings of U.S. citizens. Family members who are permanent residents of the U.S. may also file a petition on your behalf.
Lottery
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When all other methods fail to help you obtain a green card with a TN-1 visa, the U.S. State Department holds an annual lottery for immigrant visas. Only 50,000 of these visas are awarded every year, so expect competition to be tight. Canadian citizens holding a TN-1 visa automatically meet the occupational requirements for the lottery, which include a high school diploma and work experience. Many online scams target people looking to obtain a green card through the lottery process, so it's important to make sure all applications go through the official U.S. Department of State website.
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