Appropriate time between getting TN status and applying for Green Card??

[labgirl1 0]

Hi Everyone,

I have a question related to the minimum time you have to wait between getting a TN to work in the U.S. and applying for a green card.

I am Canadian citizen; I recently received a job offer and am moving to the U.S. I am currently working with a lawyer to help me with my TN Visa application. My boyfriend is American (I lived in the U.S. for almost 6 years between 2005-2011), and we are hoping to transition to a green card sooner rather than later.

My lawyer has told me that waiting 60 days is adequate to begin the transition from TN to green card. But my boyfriend and I are suspicious!

Does this seem reasonable?? Too fast? Does anyone know any specifics regarding timing?

I would really appreciate any advice and general thoughts!

Thank you!

[hmh33 117]

http://www.americanlaw.com/dintent.html

TN status is nonimmigrant. It is illegal to enter the US under TN status with the intention of adjusting status. (Gotta love thoughtcrime!) So you'd better not have that intention when you cross the border - and you'd especially better not make any misrepresentations to CBP.

Best not to make any firm plans before you are in the U.S.

Edited November 2, 2012 by hmh33

[Hypnos 6,578]

On what basis would you claim eligibility for a green card?

You would need to marry your boyfriend first, if you wish to claim a green card through being his spouse.

[Dakine10 5,452]

Hi Everyone,

I have a question related to the minimum time you have to wait between getting a TN to work in the U.S. and applying for a green card.

I am Canadian citizen; I recently received a job offer and am moving to the U.S. I am currently working with a lawyer to help me with my TN Visa application. My boyfriend is American (I lived in the U.S. for almost 6 years between 2005-2011), and we are hoping to transition to a green card sooner rather than later.

My lawyer has told me that waiting 60 days is adequate to begin the transition from TN to green card. But my boyfriend and I are suspicious!

Does this seem reasonable?? Too fast? Does anyone know any specifics regarding timing?

I would really appreciate any advice and general thoughts!

Thank you!

There is no minimum time frame. Sixty days was a procedural guideline that was sometimes used by USCIS offices. It meant that if you tried to change from non immigrant to immigrant status within 60 days, USCIS would treat your case with extreme scrutiny. Some lawyers still adhere to this concept. Problem is it never really had much meaning in the first place, and certainly is not used any longer.

As far as USCIS is concerned, you have a Tn offer in the US. Nothing wrong with that. You have a boyfreind in the US and want to get married. That's fine. You might like to have a green card one day and stay in the USA. That's OK too. You have concrete plans for all those things planned out ahead of time - not so good. USCIS has statutes that address intent, not timeframe.

[labgirl1 0]

Thanks everyone, I really appreciate the responses.