Canadian on TN status married to greencard holder

[Aya Zeitouny 0]

On 5/8/2018 at 8:42 AM, 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. 

☺️

[SusieQQQ 11,586]

FYI: Any time you get advice off an immigrant attorney’s website they will always tell you should hire an immigration attorney.... if you can fill the forms yourself, and most people do, you don’t need one. 

Caveat: I can’t comment on whether or not your TN status will actually be jeopardized. Hopefully someone else can.

 

Edited May 11, 2018 by SusieQQQ

[NigeriaorBust 4,087]

  You don't have an immediately available number  that is only available for spouses,children and parents of a USC.   Your problem is that no one can tell you exactly when your visa number will be available.   I have through the years seen everything for almost immediately to about 5 years.  We can tell you that those that filed about 2 years ago are getting numbers today.  Being the spouse of an LPR  there is no forgiveness of overstaying the terms of your visa.   So you will have to obey the terms of your current visa and then if your date comes up before it expires you can file for AOS.  If it expires you will have to leave.

[geowrian 22,337]

10 hours ago, Aya Zeitouny said:

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 

Your TN status won't be affected, although if you exit the US then try to re-enter, the CBP officer may have higher scrutiny on your intent to return home. Many people do this perfectly fine, but it is something to be aware of. Always carry whatever ties you have showing your intent to go home, and don't do something like travel with certain documents needed to AOS (i. birth certificate, police certs, etc.) or travel with more luggage than you need for your intended duration of stay on that trip. Always be honest with CBP.

 

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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?

You cannot file the I-485 (AOS), I-131 (AP), or I-765 (EAD) until you qualify to AOS using the chart noted in my previous post. Only the I-130 (plus supporting documents like I-130A and such) are filed at first. Once your I-130's PD meets the AOS filing chart timeline, you can file the AOS+AP+EAD documents. Do NOT leave the US after filing for AOS until you either have AP or a green card (it will abandon the AOS application and you likely won't be allowed back in without a CR-1/IR-1 visa).

 

The forms are fairly simple to fill out. Most people on this site seem to DIY here unless there are complicating factors (nothing you noted so far is close to this). Read the form, read the guide here on VJ, and re-read the instructions until you fully understand them. Ask questions. If you're really stumped after all that, then maybe a service or attorney may actually be helpful. In most cases, they're just one more player in a game of telephone.

 

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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

The real issue is when you leave the US, not while still in the US. Your TN status itself is not altered by applying for another immigration benefit. Intent is determined at POE.

Once you use a benefit from the other application (EAD or AP), your TN status no longer applies IIRC. But it's not needed anymore if you have both since an EAD lets you work for any employer and AP permits immigrant intent.

Edited May 11, 2018 by geowrian

[arken 4,197]

10 hours ago, Aya Zeitouny said:

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 

Filing i130 doesn’t make your current TN status invalid. If you were to apply for TN extension, or travel in n out of US with TN visa, then your ongoing i130 may have an impact on those. Since your TN status is valid till 2021 and you plan to stay in US throughout your GC process, you should be fine as long as you satisfy TN requirement.

 

10 hours ago, Aya Zeitouny said:

 

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?

i-130 and i-130 A are the only forms to be submitted at present with evidences of relationship n marriage. No need of lawyer for that if you follow instructions and visajourney guidelines.

 

10 hours ago, Aya Zeitouny said:

 

 

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

No need to worry about that,that’s marketing   material from lawyers. The only risk is if you need to extend your TN status, it might not get extended or if you need to travel on TN status,  you may not be guaranteed an entry to US. Since you aren’t plnning to travel and your TN is gud thru 2021, you are fine.

[geowrian 22,337]

11 minutes ago, geowrian said:

The real issue is when you leave the US, not while still in the US. Your TN status itself is not altered by applying for another immigration benefit. Intent is determined at POE.

Or if you extend status* (as others noted). Then non-immigrant intent will be evaluated as well.

[Aya Zeitouny 0]

1 minute ago, geowrian said:

Or if you extend status* (as others noted). Then non-immigrant intent will be evaluated as well.

Thank you everyone! If TN renewal time is due before a visa number becomes valid, then I am out of luck. In this case, I can try to extend my TN which most likely will get rejected, or I can leave the US. If I leave the US, we might have to submit another I-130 again and wait for a visa number?

[geowrian 22,337]

10 minutes ago, Aya Zeitouny said:

Thank you everyone! If TN renewal time is due before a visa number becomes valid, then I am out of luck. In this case, I can try to extend my TN which most likely will get rejected, or I can leave the US. If I leave the US, we might have to submit another I-130 again and wait for a visa number?

May be denied...or may not be denied.

No new I-130 is needed, and therefore you won't lose your place in line.

[NigeriaorBust 4,087]

  If it expires then you wait out the remaining time in Canada.  Hopefully that would be short.  

[Aya Zeitouny 0]

Hello everyone,

 

We are going to file i-130 & I-130a this week, we came across question 61.a below in I-130 and we are little confused. Because I'm on a TN status, I can't predict if my visa number will become current before my TN status expires in 2 years, therefore should I leave this section blank or should I indicate the USCIS city near me? If I leave it blank, can I leave question 62.a below blank as well?

 

61.a.  The beneficiary is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the U.S. Citizenship and Immigration Services (USCIS)

 

62.a.  The beneficiary will not apply for adjustment of status in United States, but he or she will apply for an immigrant visa abroad at the US consulate in:

[geowrian 22,337]

One or the other should be completed. If unsure, I'd personally go with consular processing (#62)....that way they will send the approved I-130 to NVC. You can still file for AOS once your PD meets the required date in the proper filing chart even if they send the packet to NVC.

[Aya Zeitouny 0]

3 minutes ago, geowrian said:

One or the other should be completed. If unsure, I'd personally go with consular processing (#62)....that way they will send the approved I-130 to NVC. You can still file for AOS once your PD meets the required date in the proper filing chart even if they send the packet to NVC.

 

Thank you!! I appreciate your suggestions. TN status does not allow for dual intent, so that way might be safer. Are you sure I can still AOS even if they send the packet to NVC?

[geowrian 22,337]

11 minutes ago, Aya Zeitouny said:

Thank you!! I appreciate your suggestions. TN status does not allow for dual intent, so that way might be safer. Are you sure I can still AOS even if they send the packet to NVC?

Yes. Others have done this fine.

It's actually more difficult if they don't send it to NVC (i.e. if you indicate you will do AOS)...to do consular processing you would send an I-824 to get them to send it to NVC to continue the process, which could take months.

[Aya Zeitouny 0]

56 minutes ago, geowrian said:

Yes. Others have done this fine.

It's actually more difficult if they don't send it to NVC (i.e. if you indicate you will do AOS)...to do consular processing you would send an I-824 to get them to send it to NVC to continue the process, which could take months.

So just to make sure, we should file I-130 and pay the fee,  wait for the approval, then file I-824 and pay $465?

[geowrian 22,337]

10 minutes ago, Aya Zeitouny said:

So just to make sure, we should file I-130 and pay the fee,  wait for the approval, then file I-824 and pay $465?

No I-824 will be needed if you choose to do consular processing on the I-130. It will be sent to NVC after approval.

If you end up being able to do AOS, then you file the I-485 packet at that time.