Applying green card while on TN1. Reentry whi green card application in progress

[chikloo]

You cannot apply for Green Card while on TN visa. If you did apply for Green Card, you will be negating the Green Card application when you renew your TN visa. Thus it is impossible to get Green Card while on TN. By renewing your TN, you are declaring to US that you have no intention of migrating to US to settle. This declaration negates your GC application which declares that you are migrating to US. So which is it? So US will simply cancel your green card application.

Thanks. I will keep this in mind. I'M going to try H1 if not I will just continue to work on TN1

 

[ImmiToCanada]

Based on my knowledge, it is very difficult to finish all steps of Green card application for those born in Mainland China or India due to the long pending time for I485 submission after I140 approval.

Basically,
a) submission of I140 (petition for a green card) shows a person's intent to immigrant to USA. This will violate the conditions of TN status (a strictly non-immigrant status) and makes it impossible to renew TN in the future.
b) TN status is only valid for 3 years
c) people born in Mainland China or India need to wait more than 3 years to submit I485. Obtaining Canadian citizenship or other citizenship won't help, unless one can use the quota from his or her spouse country of birth other than Mainland China or India

Therefore unless one can get H1B or other types of work visa, there will be an inevitable time gap between TN status termination (end of work authorization) and I485 submission. During this time gap, it is illegal to work in USA.

 

[marksa]

I think people missed out on Chikloo question, sorry am just responding to this thread!
It is possible to apply for GC (Green Card) while on TN but it has to be carefully planned, in the past it was difficult because TN was issued for 1 year and makes TN holder complete the GC process and once you start the process, TN renewal is very difficult as it doesnt permit dual intent but now of recent, its 3 years duration so if carefully planned one can get the GC particularly if you filed under EB1/EB2 and visa for your country of nationality is available, this might be tricky for nationality of China and Indians who have to wait many years for Immigrant visa to be current and available.

The question I am interested in now is what Chikloo asked few years ago - if GC processing is ongoing, is there anyone who has ever had issues with re-entry on valid TN status.
Your response is appreciated.

Thank you

 

[jamie hito]

Chargeability are transfered to spouses so your wife being born in UAE permits to to avail a current status in the VB. Call NVC to update if they charged you on your birth origin.

I was petitioned by my new boss on EB2 and my status is current. From application of I140 to GC are around 9 months. But I was petitioned while I was in Calgary and not on TN visa like you.
So good luck and I hope you get here soon. Boy the grocery stores in America have too many choices of products which eclipses Alberta markets.

 

[marksa]

Chargeability are transfered to spouses so your wife being born in UAE permits to to avail a current status in the VB. Call NVC to update if they charged you on your birth origin.

I was petitioned by my new boss on EB2 and my status is current. From application of I140 to GC are around 9 months. But I was petitioned while I was in Calgary and not on TN visa like you.
So good luck and I hope you get here soon. Boy the grocery stores in America have too many choices of products which eclipses Alberta markets.

Good point Jamie,

I am already here but might have a reason to cross the border before GC is finalized but not sure and cant take changes with re-entry on TN!
You are right about the groceries stores in America lol!
Hope someone out there has gone through TN to GC without no complication at the entry point.

 

[ddebasis]

Thanks a lot for explaining in such detail. So I'm looking at 2 years from the time my company starts the green card process. Do you know about cross chargeabilty? My wife is born in UAE and went to school till her 10th grade. I have her birth certificate, 10th grade certificate and passport shows that she was born in UAE. I'm basing my TN to green card possibility based on EB2 ROW being current for UAE. Is it ok if I contact you now and then on your private message for advice.

THanks again

Hello Bigben3,

Thanks for the detailed document.
I like to discuss my case to have your advise. can I have your personal e mail or phone number?
My situation is as below:-

1. I am an Indian Origin, having H1B valid till Aug 2019. My I140 EB3, approved, Priority dat3 Nov 2009. My date is expected to be current on Dec 2018.
2. Though I have H1B, I am working in Canada.
3. I am going to be Canadian citizen on 1st July 2018.
4, I am planning to start working in US on H1B from Aug 2018 if I get good long term project in US.
5.I am wondering, Can I do Consular processing from GC instead AOS I-485 to avoid international travel?
6. Can please state Pros & Cons of Consular processing over AOS?

Thanks in advance.

 

[mumbai1985]

Once you become Canadian citizen are you still considered under Indian origin for US green card processing?

 

[jamie hito]

Once you become Canadian citizen are you still considered under Indian origin for US green card processing?

It’s where you are born. But also it has some tweaks.

 

[marksa]

It’s where you are born. But also it has some tweaks.

There is no tweak about it, you are considered based on your country of birth regardless of your citizenship!!!
So check the monthly visa for when your country of eligibility visa will be available.

 

[marksa]

Hello Bigben3,

Thanks for the detailed document.
I like to discuss my case to have your advise. can I have your personal e mail or phone number?
My situation is as below:-

1. I am an Indian Origin, having H1B valid till Aug 2019. My I140 EB3, approved, Priority dat3 Nov 2009. My date is expected to be current on Dec 2018.
2. Though I have H1B, I am working in Canada.
3. I am going to be Canadian citizen on 1st July 2018.
4, I am planning to start working in US on H1B from Aug 2018 if I get good long term project in US.
5.I am wondering, Can I do Consular processing from GC instead AOS I-485 to avoid international travel?
6. Can please state Pros & Cons of Consular processing over AOS?

Thanks in advance.

There are lots of hints out there on AOS vs Consular Processing (CP), you have to check which one work for you:
One thing though that I have read is that majority of Employment based GC filed through AOS just because they are already working in the U.S, but data has shown that CP is faster than AOS! Also CP is cheaper in terms of cost particularly if you are filing for a family of 4 or 5.
So way the options and see which is beneficial to you or consult immigration lawyer.

For me, I am going by CP so I can travel back and forth while working here and reason I posted my question:

Can one cross the border without issue if TN is still valid but GC processing is in final stage i.e. CP

 

[jamie hito]

There is no tweak about it, you are considered based on your country of birth regardless of your citizenship!!!
So check the monthly visa for when your country of eligibility visa will be available.

I beg your pardon.
I am no immigration lawyer but based on US laws if you are born in countries where there are a lot of applicants you for certain are doomed to wait decades for your queue. But if your spouse is lets say born in countries where the visa queue are current, you can have her chargeability and be current on your wait time.

Or you have overlooked that tweak?

Edited

So this is good news for you or anyone agonizing on your interview. But if you or your spouse belong to the former then I feel sorry and good luck on your endeavor.

 

[itsmyid]

I beg your pardon.
I am no immigration lawyer but based on US laws if you are born in countries where there are a lot of applicants you for certain are doomed to wait decades for your queue. But if your spouse is lets say born in countries where the visa queue are current, you can have her chargeability and be current on your wait time.

Or you have overlooked that tweak?

Edited

So this is good news for you or anyone agonizing on your interview. But if you or your spouse belong to the former then I feel sorry and good luck on your endeavor.

Hehe, I knew exactly what you were talking about when you mentioned the tweak - in addition to that, there is actually another one that’s similar : if your spouse is from the same country but has an earlier priority date, you would be able to use that date instead of your own late date — it doesn’t seem much , but it helps in some situations, if the earlier PD is under EB-3 and the later one is under EB-2

 

[jamie hito]

Hehe, I knew exactly what you were talking about when you mentioned the tweak - in addition to that, there is actually another one that’s similar : if your spouse is from the same country but has an earlier priority date, you would be able to use that date instead of your own late date — it doesn’t seem much , but it helps in some situations, if the earlier PD is under EB-3 and the later one is under EB-2

I did not know that loophole. Thank you.

I hope these will help those who are still in limbo waiting to get here legally.

 

[orionben]

Here is a summary of everything you wanted to know about applying for AOS in EB category while on a TN:
...

Thanks Bigben3 from another Ben!

Convienced my boss two years ago, with the help of lawyer we followed these step and I am now the proud owner of a green card!

Thanks

 

[Sam8119]

Hi Chikloo,

Just curious if you succeeded in getting GC without any problem from TN. How long did it take for you?

Hi,
Can anyone share their experiences on applying green card on TN and also travelling back and forth between US and Canada when the green card application is in progress. Is it possible? Or will they deny re-entry.