Is it possible to go from a TN visa to a green card?

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Ask an Immigration Attorney: Can You Go From a TN Visa to a Green Card?

Is it possible to go from a TN visa to a green card? The TN visa is similar to other temporary employment visas like the H-1B and L-1, but it's not a dual-intent visa. This means that when someone enters the U.S. on a TN visa, they're promising to leave the U.S. before the visa expires and do not intend to immigrate permanently.

So what happens when a visa holder falls in love and marries a U.S. citizen or green card holder while working in the U.S.? Good news — they can typically switch visas to a green card, which allows them to live and work permanently in the U.S. and also offers a pathway to citizenship. However, there are a few things to keep in mind before applying for a green card.

The 90-Day Rule

This is a guardrail used by immigration officers when determining whether a green card applicant was honest about their original intentions when coming to the U.S.

If you apply for a green card within the first 90 days of entering the U.S., the government will assume that you misrepresented your reason for coming. If you apply for a green card more than 90 days after entering the U.S., the government will presume the circumstances changed and the applicant did not willfully misrepresent their reason for coming. In the latter case, the green card application will likely be allowed to move forward.

For TN visa holders, the pathway to a green card depends on whether they're married to a U.S. citizen or a green card holder.

• Adjustment of status — most applicants currently in the U.S. typically go through this process, which is handled by USCIS and allows the applicant to complete the process without leaving the country.
• Consular processing — these applicants are handled by a U.S. consulate or embassy in their home country, and they have to return there for a medical examination and consular interview. This process is usually applicable to applicants worried about triggering the 90-day rule, and it can be initiated from the U.S.

For both processes, the applicant needs to fill out Form I-130 to get started.

Be wary about traveling overseas after filing your I-130. Since your pending green card application shows that you plan to immigrate, that's against the terms of your TN visa and could lead to you being refused entry when returning to the United States.

Other Considerations

• TN visa renewal can be difficult to get once you apply for a green card. Don't plan on renewing your TN visa.
• Never overstay a TN visa. If you stay in the U.S. after your TN visa expires — other than after filing a green card application — you will fall out of status, and it could affect your ability to obtain other visas.
• Check with a lawyer before leaving the country if you find yourself out of status.

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From Boundless Immigration

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