TN to Green Card? - need advice on strategy!

[kanada 0]

Hi,

My wife, children and myself are Canadians. We are in the U.S. since 2005 and we have always been under legal status. I have a TN while my family members have TD. I would like to get a Green Card and I would like to get some advice and strategy.

I have discussed with several attorneys who have given me mixed opinions and recommendations. Some have advised that I should go through H1B and not thru TN since TN doesn't have a dual intent and it constitute risk. While some have advised that it is possible to apply for GC direct from TN base on a recently published authoritative letter from the U.S. Customs and Border Protection Agency (CBP) addressing the TN nonimmigrant visa category offers new and definite insight on the CBP’s policy for determining immigrant intent. In the letter, dated April 2008, the Executive Director of Admissibility and Passenger Protection Programs details clearly that filing an immigrant petition (I-140) alone is not automatically considered a demonstration of immigrant intent, and aliens with pending I-140s may still be admitted into US with a TN visa.

http://ailanewyork.org/formsminutesmeetingcle-materials/CLE_Docs/CorpPractice_BasicBusinessImmigration_February_3_2014_ChapterMeeting/Morris_Letter.pdf

I have applied for H1B twice but unfortunately was unable to get due to the quota. I personally find waiting each year for H1B is time consuming if unsuccessful while I am also worried to file for a Green Card while I have a TN Visa. I am not sure of the direction and I would like to get advice from Canadians who have successfully got their Green Card.

I am also seeking an attorney who is seasoned dealing in cases for Canadians. Unfortunately, I haven't found a single immigration attorney who has successfully done a Green Card case for a Canadian.

Thank you.

[CdnRN 40]

Unfortunately I Adjusted from TN to green card, but it was based on marriage to a USC. I didn't even know you could adjust directly from TN, though a CBP officer I was chatting with recently implied it's possible. I have a friend IRL who I believe went from TH through an H1B and now has a green card.

I'm sorry I have nothing better to offer at the moment. Have you tried finding an immigration lawyer in Canada who does US immigration? They might be better equipped to help.