Canadian on TN status married to greencard holder

[Aya Zeitouny 0]

Hello everyone,

 

I'm a Canadian Citizen living and working in the US with TN status. My husband is a Green Card holder as of last week. He was granted his Green Card based on Asylum. We got married before he got his Green Card and after he was granted Asylum. My TN status will expire on 2021. My question, is it possible to adjust my status without jeopardizing my TN status since dual intent is a concern? I found this answer below on quora.com, and I want to make sure it's valid.

 

If it's possible, could you please list the steps I need to follow to file my application.

 

In case I need to hire a lawyer, please advise If anyone has preference of an expert lawyer to handle my case.

 

Thank you

 

"The other common option is to have a close family member gain permanent residency in the U.S. By listing you as a dependent, you can gain the derivative benefits of their green card and apply for a work permit.

In any case, it is important to note that while getting around the dual intent issue may seem simple on paper, it is actually quite an involved process that requires the finesse of an expert to navigate without causing problems for your immigration status. That’s why it is usually best to have an immigration attorney handle your transition. I hope this answers your question!"

 

[Boiler 45,486]

He would be the one to file, will be a couple of years before your priority date becomes current during which you will need to maintain your PR status.

[Aya Zeitouny 0]

4 minutes ago, Boiler said:

He would be the one to file, will be a couple of years before your priority date becomes current during which you will need to maintain your PR status.

Thanks for reaching out. Is it possible to take a shorter route? Family based petition might jeopardize my TN status and it will take 1-2 years for a visa number.

 I read on http://www.alllaw.com/articles/nolo/us-immigration/canadian-citizen-tn-status-get-green-card.html that I might be eligible for derivative benefits or follow to join benefit.

[Boiler 45,486]

Ops typo maintain your TB status.

 

Not sure if you could have been included in his Asylum claims but that seems moot.

[geowrian 22,337]

I don't believe derivative benefits would apply here since you were not on the original claims. That boat has sailed.

Now you need to be petitioned, which is where the 2 years wait for the PD to become current comes into play.

If you are in the US when your filing date comes up (https://www.uscis.gov/visabulletininfo) then you can file to adjust status at that time. Note that you cannot enter on TN status (or visitor status) with intent to adjust status, so you can't exit the US then come back planning to adjust status.

[SusieQQQ 11,586]

1 hour ago, Aya Zeitouny said:

Thanks for reaching out. Is it possible to take a shorter route? Family based petition might jeopardize my TN status and it will take 1-2 years for a visa number.

 I read on http://www.alllaw.com/articles/nolo/us-immigration/canadian-citizen-tn-status-get-green-card.html that I might be eligible for derivative benefits or follow to join benefit.

You can only be eligible for derivative benefit if you were listed on the original application, and if that was the case you would presumably have a green card already.

 

There is no shorter route. You may have to choose between trying to stay on TN status until your priority date is current which seems to be an option in your case with a 2021 expiry, but as geowrian points out that keeps you stuck in the US in the meanwhile; or having to spend some time in Canada if you need to leave, and waiting for your priority date to become current. 

Edited May 8, 2018 by SusieQQQ

[Aya Zeitouny 0]

8 hours ago, SusieQQQ said:

You can only be eligible for derivative benefit if you were listed on the original application, and if that was the case you would presumably have a green card already.

 

There is no shorter route. You may have to choose between trying to stay on TN status until your priority date is current which seems to be an option in your case with a 2021 expiry, but as geowrian points out that keeps you stuck in the US in the meanwhile; or having to spend some time in Canada if you need to leave, and waiting for your priority date to become current. 

Thank you! That was very helpful. I just asked my husband, according to him, he listed me on his Green Card application, but I haven't received mine when he received his!! Do you have a link to see my next visa priority date? I prefer to wait until priority date become current as you suggested.

 

Edited May 8, 2018 by Aya Zeitouny

[SusieQQQ 11,586]

1 hour ago, Aya Zeitouny said:

Thank you! That was very helpful. I just asked my husband, according to him, he listed me on his Green Card application, but I haven't received mine when he received his!! Do you have a link to see my next visa priority date? I prefer to wait until priority date become current as you suggested.

 

That doesn’t make sense,.... unless there is something different with asylum cases that I am unaware of.... If you were listed as a derivative on his application you should have attended the interview and got a green card at the same time, did he fill in a DS260 form for you?

[Boiler 45,486]

So you were named on the I 589?

[Aya Zeitouny 0]

1 hour ago, SusieQQQ said:

That doesn’t make sense,.... unless there is something different with asylum cases that I am unaware of.... If you were listed as a derivative on his application you should have attended the interview and got a green card at the same time, did he fill in a DS260 form for you?

He is going to contact his previous lawyer to confirm 

3 minutes ago, Boiler said:

So you were named on the I 589?

No, because we got married after the Asylum approval 

[Boiler 45,486]

So what were you listed on of you were not married?

[Aya Zeitouny 0]

1 minute ago, Boiler said:

So what were you listed on of you were not married?

On his I -485 Application. We have been going through lots of confusion, we get different answers from lawyers

[geowrian 22,337]

34 minutes ago, Aya Zeitouny said:

On his I -485 Application. We have been going through lots of confusion, we get different answers from lawyers

So you have no underlying petition to AOS from. You were just listed as part of his family on his I-485. That grants no benefits to you.

 

Edit: I-485 is the AOS application (sorry for the brevity/jargon)

Edited May 9, 2018 by geowrian

[Tahadahabra 0]

15 hours ago, Aya Zeitouny said:

Hello everyone,

 

I'm a Canadian Citizen living and working in the US with TN status. My husband is a Green Card holder as of last week. He was granted his Green Card based on Asylum. We got married before he got his Green Card and after he was granted Asylum. My TN status will expire on 2021. My question, is it possible to adjust my status without jeopardizing my TN status since dual intent is a concern? I found this answer below on quora.com, and I want to make sure it's valid.

 

If it's possible, could you please list the steps I need to follow to file my application.

 

In case I need to hire a lawyer, please advise If anyone has preference of an expert lawyer to handle my case.

 

Thank you

 

"The other common option is to have a close family member gain permanent residency in the U.S. By listing you as a dependent, you can gain the derivative benefits of their green card and apply for a work permit.

In any case, it is important to note that while getting around the dual intent issue may seem simple on paper, it is actually quite an involved process that requires the finesse of an expert to navigate without causing problems for your immigration status. That’s why it is usually best to have an immigration attorney handle your transition. I hope this answers your question!"

 

 

2 hours ago, EandH0904 said:

It means Floor. Apt is Apartment, Ste. Means "Suite" and Flr is "Floor"

 

Some businesses are on Floor 2 or 4th Floor, etc. 

 

If your address has none of those write N/A

 

[Aya Zeitouny 0]

On 5/8/2018 at 8:14 AM, geowrian said:

I don't believe derivative benefits would apply here since you were not on the original claims. That boat has sailed.

Now you need to be petitioned, which is where the 2 years wait for the PD to become current comes into play.

If you are in the US when your filing date comes up (https://www.uscis.gov/visabulletininfo) then you can file to adjust status at that time. Note that you cannot enter on TN status (or visitor status) with intent to adjust status, so you can't exit the US then come back planning to adjust status.

Thank you very much 🙏. My husband spoke to 3 lawyers, they all agreed that petitioning is the only way for my situation. Now I have 3 questions :

 

1- if I file  I-130 next week, and my visa number becomes current after 2 years, is there any chance that my TN status will be in risk because of the duel intet? During that time, I am planning to stay in the US until i adjust my status, i heard the whole process should not take more than 2.5 years. I am very concerned I lose my TN status during the 2.5 years, losing my TN mean losing my job 

 

2- I read form I-130, I-485, I-765- and I-131, I found it easy to fill out all these applications, do you suggest we should hire a lawyer and pay $2500-3000 plus the applications fees?

 

 

3- can someone explain me this paragraphs below! What kind of risks are we talking about? 

However, if you are in the U.S. as a TN, the filing of such a family-based petition for you could trigger a violation of your nonimmigrant status. This process is different from the derivative benefit strategy noted above.

If you are in the U.S. in TN status and have an immediately available immigrant visa number, you may be able to file an application to adjust your status to permanent residence simultaneously with your family’s petition for you. When you apply for adjustment of status, you can also apply for an employment authorization document that allows you to work in the U.S. while your adjustment is pending. However, this process entails certain risks for TN nonimmigrants because of the dual intent problem.  Contact an immigration attorney for details and a personal analysis.

 

http://www.alllaw.com/articles/nolo/us-immigration/canadian-citizen-tn-status-get-green-card.html