Can I become a U.S. permanent resident from a TN visa?

Can I become a U.S. permanent resident from a TN visa?

Today’s article will go over an answer to a frequently asked question. A TN visa is not a dual intent visa, this means that you cannot have permanent resident intent and temporary resident intent. It is a temporary visa that is meant for temporary status. However, it is still possible to become a U.S. permanent resident from a TN visa. 

Since there is no limit to the number of TN visa renewals, it is common for TN visa holders to want to transition to permanent resident status. This can arise because you met a significant other in the U.S. or because your employer wants to petition you for permanent residency. 

Read below for more information as to the requirements to transition to permanent resident status from a TN visa. 

If a TN visa is NOT a dual intent visa, what is an example of a dual-intent visa? 

An example of a dual-intent visa is the H1B visa. However,  not everyone is able to transition form a TN visa into an H1B visa because most H1B visas are based on a limited number of lottery selections. 

Can I become a U.S. permanent resident from a TN visa? 

The United States Mexico Canada Agreement (USMCA) states that an individual pursuing TN status must seek “temporary” entry. The definition of “temporary” is that the individual is not coming with intent to establish permanent residence, on that entry.  A TN applicant could have the intent to immigrate or adjust status at a future time, but as long as his or her intent at the time of application for admission is to be in the United States for a temporary period pursuant to USMCA and regulations at 8 CFR §214.6, he or she could be admitted.

To satisfy this requirement, it is recommended that you complete the permanent residence process from abroad. It is also recommended that you have a plan for how to maintain your temporary status and key ties to your home country. 

How can an immigration lawyer help me become a US permanent resident from a TN visa? 

When working with an immigration lawyer, we can guide you through the process from start to finish. We can also deal with any border-crossing hurdles that may arise during the process. To get started, schedule a strategy session here. During a strategy session we go over any questions you may have about the process and provide you with tips and actionable steps you can take to achieve your goals. All of our lawyers are licensed to practice immigration law in United States and Canada.

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