From TN status to a green card
January 5, 2010 6:50 PM Subscribe
I'm a Canadian living in the United States under Temporary Non-immigrant status and plan to apply for a green card as a spouse of a U.S. citizen. I've been doing some research and I have lots of questions.
I'm wondering if anyone here has taken this path and knows more about the process I'll have to follow, including a likely timeline.
I understand that an Employment Authorization Document is granted before the actual green card. Once I have an EAD, will I be allowed to freely enter and leave the U.S. before receiving my green card?
Should I undertake this process with the help of an immigration lawyer?
Are there any other experiences you've had that might be relevant - anything I should be on the lookout for?
I'm wondering if anyone here has taken this path and knows more about the process I'll have to follow, including a likely timeline.
I understand that an Employment Authorization Document is granted before the actual green card. Once I have an EAD, will I be allowed to freely enter and leave the U.S. before receiving my green card?
Should I undertake this process with the help of an immigration lawyer?
Are there any other experiences you've had that might be relevant - anything I should be on the lookout for?
dfriedman, the question of whether or not to take US citizenship has almost nothing in common with the question of how to best go about gaining permanent residency except that each has a foreigner.
visajourney.com
alt.visa.us.marriage-based
The normal process for someone (legally) in the US already would be for your spouse to file an I-485 (to adjust your status to permanent resident), an I-131 ("advance parole" for travel outside the US), and an I-765 (for an EAD). There are additional bits and bobs that get filed with each one.
Until you have advance parole documents, you can't travel outside the US, and doing so could abandon your 485 (and since you'd applied for one, make it difficult/impossible to get another TN).
Usually I recommend that if you're careful and detail-oriented and follow the guides on visajourney or avusmb, you don't need a lawyer. But even casual googling shows that the path from TN to marriage-based green card can sometimes be more complicated owing to the strict nonimmigrant intent for TNs, so even I will suggest that you talk to a competent immigration lawyer. Look through AILA for one near you, or look for people on visajourney or similar sites who've transitioned from TN to green card.
DO NOT go to just any random lawyer; the tales of people whose regular old lawyer took their money to effectively just fill out forms for them, and do it slowly, and do it with errors, are legion.
welcome to the party.
posted by ROU_Xenophobe at 8:26 PM on January 5, 2010
visajourney.com
alt.visa.us.marriage-based
The normal process for someone (legally) in the US already would be for your spouse to file an I-485 (to adjust your status to permanent resident), an I-131 ("advance parole" for travel outside the US), and an I-765 (for an EAD). There are additional bits and bobs that get filed with each one.
Until you have advance parole documents, you can't travel outside the US, and doing so could abandon your 485 (and since you'd applied for one, make it difficult/impossible to get another TN).
Usually I recommend that if you're careful and detail-oriented and follow the guides on visajourney or avusmb, you don't need a lawyer. But even casual googling shows that the path from TN to marriage-based green card can sometimes be more complicated owing to the strict nonimmigrant intent for TNs, so even I will suggest that you talk to a competent immigration lawyer. Look through AILA for one near you, or look for people on visajourney or similar sites who've transitioned from TN to green card.
DO NOT go to just any random lawyer; the tales of people whose regular old lawyer took their money to effectively just fill out forms for them, and do it slowly, and do it with errors, are legion.
welcome to the party.
posted by ROU_Xenophobe at 8:26 PM on January 5, 2010
The EAD is not travel authorization. You need Advanced Parole to leave and return during your adjustment of status. That's a separate form (and fee). I-131. It's also, in my experience, a guaranteed visit to the little back room of the immigration area, where you sit for two hours, before being sent on your way. I'd plan to minimize travel during the process.
There are loads of other forms (and fees) you need to fill out. If you can afford it, it's definitely worth hiring a lawyer to make sure you get the right forms filled out in the right way, but note that the lawyer will probably not speed up the process any, unless they can find a reason to file you in an office that is processing faster. Once your application is in, it's in the same queue with everyone else.
Likely timeline depends on where you're applying and a host of other factors. You can check processing times here, but I'd take them with a pinch of salt. I've known people get a greencard within 12 months and I've known others that took more than 3 years. Your lawyer could give you a best guess based on how complicated your situation is and the caseload where you're applying.
posted by IanMorr at 8:32 PM on January 5, 2010
There are loads of other forms (and fees) you need to fill out. If you can afford it, it's definitely worth hiring a lawyer to make sure you get the right forms filled out in the right way, but note that the lawyer will probably not speed up the process any, unless they can find a reason to file you in an office that is processing faster. Once your application is in, it's in the same queue with everyone else.
Likely timeline depends on where you're applying and a host of other factors. You can check processing times here, but I'd take them with a pinch of salt. I've known people get a greencard within 12 months and I've known others that took more than 3 years. Your lawyer could give you a best guess based on how complicated your situation is and the caseload where you're applying.
posted by IanMorr at 8:32 PM on January 5, 2010
While I am not an immigration lawyer, an immigration lawyer told me that if you have a valid dual-intent visa (such as an L- visa) you can travel on that with no problems while you're having your GC application handled, and you don't need Advance Parole in such a case. Maybe you have just such a visa given what you say about "temporary non-immigrant" status.
Insert here the usual "IANAL, check everything with a specialist immigration lawyer" stuff. ROU_Xenophobe and IanMorr's advice sounds dead on to me, I'm just wondering about this specific extra detail of holding a valid dual-intent visa at the same time.
posted by galaksit at 8:35 PM on January 5, 2010
Insert here the usual "IANAL, check everything with a specialist immigration lawyer" stuff. ROU_Xenophobe and IanMorr's advice sounds dead on to me, I'm just wondering about this specific extra detail of holding a valid dual-intent visa at the same time.
posted by galaksit at 8:35 PM on January 5, 2010
This is not quite the same question as posted earlier today. The difference is the switch from temporary to permanent. I've consulted with a few immigration lawyers and the following are a few of the pitfalls you might face.
If the timing is not right you may find yourself in a situation known as "Dual Intent." This means you entered the country under one pretense (ie. you would remain in the US for a specific period of time to work at a specific job and then leave the country unless circumstances required you to renew for another specific period.) but you really intended to do something else (ie get married and live in the US indefinitely.) Liken this to Martha Stewart going to jail not for committing a crime but to lying to police. There is a period of time after entering the US on a TN visa that you need to wait before applying for your permanent residency.
Another fine point is apparently the difference between "renewing" and "extending" your TN visa, which also may have consequences on your timeline.
As for travel outside the US, you need to apply for "advanced parole." Keep in mind that this does not give you any special privileges to enter the US, it just means that if they let you back in, your application does not automatically go to the back to the bottom of the pile. You also need to have some reason you need to leave, although it could be as vague as "my job requires international travel."
As ROU_Xenophobe mentions above, you probably don't need an immigration lawyer, but your best bet is to get one that specializes in TN. You may need some forward planning on the best time to apply. You don't want to have one visa expire before your work authorization is approved. Also you may want to make sure your passport won't be expiring for a year or two when you start the process.
You don't mention if you are married already, but if you are engaged it may be better for you to apply for a different visa before the wedding to avoid dual intent.
If you want you can MeFi mail me for more info or specifics. I had a friend make this transition last year that was semi painless. I could get the name of their lawyer if you need a recommendation. The time frame was between 8-10 months if I recall correctly.
posted by Yorrick at 8:48 PM on January 5, 2010
If the timing is not right you may find yourself in a situation known as "Dual Intent." This means you entered the country under one pretense (ie. you would remain in the US for a specific period of time to work at a specific job and then leave the country unless circumstances required you to renew for another specific period.) but you really intended to do something else (ie get married and live in the US indefinitely.) Liken this to Martha Stewart going to jail not for committing a crime but to lying to police. There is a period of time after entering the US on a TN visa that you need to wait before applying for your permanent residency.
Another fine point is apparently the difference between "renewing" and "extending" your TN visa, which also may have consequences on your timeline.
As for travel outside the US, you need to apply for "advanced parole." Keep in mind that this does not give you any special privileges to enter the US, it just means that if they let you back in, your application does not automatically go to the back to the bottom of the pile. You also need to have some reason you need to leave, although it could be as vague as "my job requires international travel."
As ROU_Xenophobe mentions above, you probably don't need an immigration lawyer, but your best bet is to get one that specializes in TN. You may need some forward planning on the best time to apply. You don't want to have one visa expire before your work authorization is approved. Also you may want to make sure your passport won't be expiring for a year or two when you start the process.
You don't mention if you are married already, but if you are engaged it may be better for you to apply for a different visa before the wedding to avoid dual intent.
If you want you can MeFi mail me for more info or specifics. I had a friend make this transition last year that was semi painless. I could get the name of their lawyer if you need a recommendation. The time frame was between 8-10 months if I recall correctly.
posted by Yorrick at 8:48 PM on January 5, 2010
an immigration lawyer told me that if you have a valid dual-intent visa (such as an L- visa) you can travel on that with no problems while you're having your GC application handled
TN is not dual-intent. Strictly nonimmigrant. Nonetheless, even USCIS recognizes that people living temporarily in the US may fall in love with and marry a US citizen.
I forgot to mention that (at least going the 485 route) timelines aren't super important in the way they are for lots of other immigration issues. You can keep getting EADs and AP for as long as your AOS is pending, so there's no being apart or being unable to work, and you have a legal status during this period. The only really annoying thing, beyond having to wait, is that the status is "pending adjustment" and the only proof you'll have of it are your NOAs and a cash-register receipt.
(if you go that way; glancing around at least one immigration lawyer seems to recommend filing I-130 immigrant petition through Montreal)
Nit:
It is advance parole, not advanced. As in, they are "paroleing" you in advance of your travel.
posted by ROU_Xenophobe at 9:11 PM on January 5, 2010
TN is not dual-intent. Strictly nonimmigrant. Nonetheless, even USCIS recognizes that people living temporarily in the US may fall in love with and marry a US citizen.
I forgot to mention that (at least going the 485 route) timelines aren't super important in the way they are for lots of other immigration issues. You can keep getting EADs and AP for as long as your AOS is pending, so there's no being apart or being unable to work, and you have a legal status during this period. The only really annoying thing, beyond having to wait, is that the status is "pending adjustment" and the only proof you'll have of it are your NOAs and a cash-register receipt.
(if you go that way; glancing around at least one immigration lawyer seems to recommend filing I-130 immigrant petition through Montreal)
Nit:
It is advance parole, not advanced. As in, they are "paroleing" you in advance of your travel.
posted by ROU_Xenophobe at 9:11 PM on January 5, 2010
Hey!
I did it on my own, you have A LOT to read, but do NOT hire a lawyer, unless you have particular difficulties (i.i. husband was in prison, you were deported before, etc.)
The immigration bible I used is visajourney.com, it is free, and they have guides, and forums where you can ask any question and other people who moved and got married will reply.
As for your questions, it worked like this, for me:
First you get the EAD which is a work permit and has nothing to do with traveling.
Second, you get the Advanced parole, which is the actual traveling document.
Third, you get your green card, and you can throw everything you got before to the trash, because it replaces everything. You will have to renew your green card and "lift conditions" and then you'll be able to apply for citizenship.
It's not difficult at all, you just need to do research and be organized, you can save yourself a couple thousand dollars by not hiring a lawyer. I swear I did it on my own!
Try not to make mistakes because every mistake will cost you time (they send a request for further evidence, and then they start all over again)
posted by Tarumba at 7:55 PM on January 6, 2010
I did it on my own, you have A LOT to read, but do NOT hire a lawyer, unless you have particular difficulties (i.i. husband was in prison, you were deported before, etc.)
The immigration bible I used is visajourney.com, it is free, and they have guides, and forums where you can ask any question and other people who moved and got married will reply.
As for your questions, it worked like this, for me:
First you get the EAD which is a work permit and has nothing to do with traveling.
Second, you get the Advanced parole, which is the actual traveling document.
Third, you get your green card, and you can throw everything you got before to the trash, because it replaces everything. You will have to renew your green card and "lift conditions" and then you'll be able to apply for citizenship.
It's not difficult at all, you just need to do research and be organized, you can save yourself a couple thousand dollars by not hiring a lawyer. I swear I did it on my own!
Try not to make mistakes because every mistake will cost you time (they send a request for further evidence, and then they start all over again)
posted by Tarumba at 7:55 PM on January 6, 2010
This thread is closed to new comments.
But you absolutely should use an immigration lawyer.
posted by dfriedman at 7:42 PM on January 5, 2010