TN1 (Canadian) to Citizenship Question

[throwaway39399348 0]

Hello, I am an Engineer working in Texas on TN1 visa (Canadian) in a leadership role, and intending to change my status to qualify for a citizenship/green card holder. My company is willing to help change my status.

 

Can anyone please advise on how I may be able to do this and any mistakes to avoid? Additionally, if I am able to get a citizenship, would it possible to extend it to my child (over 18)?

[Crazy Cat 41,845]

Citizenship is several years in the future, I believe.

[throwaway39399348 0]

2 minutes ago, missileman said:

Citizenship is several years in the future, I believe.

Thank you. I intend on working in the US for a long time. Do you know which visa I can change to be eligible for the path of citizenship?

[Crazy Cat 41,845]

Just now, throwaway39399348 said:

Thank you. I intend on working in the US for a long time. Do you know which visa I can change to be eligible for the path of citizenship?

You first have to become a legal permanent resident (Green Card).....  Check this out: https://www.alllaw.com/articles/nolo/us-immigration/canadian-citizen-tn-status-get-green-card.html

[throwaway39399348 0]

2 minutes ago, missileman said:

You first have to become a legal permanent resident (Green Card).....  Check this out: https://www.alllaw.com/articles/nolo/us-immigration/canadian-citizen-tn-status-get-green-card.html

Thanks, I just read through this. It doesnt mention if I can extend my citizenship to my child (who is over 18) after I become a citizen. Do you by any chance know?

[Liam2021 583]

1 minute ago, throwaway39399348 said:

Thanks, I just read through this. It doesnt mention if I can extend my citizenship to my child (who is over 18) after I become a citizen. Do you by any chance know?

Just to make it clear. You need to become LPR first. After 5 year you can apply for citizenship. At the time when you become US citizens, if your child under 18, you can passing  citizenship to them. If they over 18 when you become US Citizens, they have to apply on their own.

[Ontarkie 14,221]

3 minutes ago, throwaway39399348 said:

Thanks, I just read through this. It doesnt mention if I can extend my citizenship to my child (who is over 18) after I become a citizen. Do you by any chance know?

In short no you cannot as the child is over 18.

[Crazy Cat 41,845]

2 minutes ago, throwaway39399348 said:

Thanks, I just read through this. It doesnt mention if I can extend my citizenship to my child (who is over 18) after I become a citizen. Do you by any chance know?

I believe that answer is no.

https://www.uscis.gov/us-citizenship/citizenship-through-parents

[throwaway39399348 0]

Thanks for the responses everyone. One follow up. If I become a permanent resident of the US, would it help my child also become a permanent resident? I want to be able to bring my child to the US after I get my permanent residency. Any help appreciated. 

[SusieQQQ 11,586]

If your child is currently under 21 then you should be able to list him as a derivative on your green card application and he will get a green card at the same time as you. Otherwise, you can file for your child once you become a permanent resident as long as your child is unmarried, but it’s not a quick process. Over 21 takes around around 7 years (around 2 years for under 21 if he doesn’t get a green card as a derivative).. If the child gets married then you will only be able to file for them once you are a citizen, and that will take probably around 13 years. 

 

Edited May 11, 2019 by SusieQQQ

[carmel34 3,626]

2 hours ago, throwaway39399348 said:

Hello, I am an Engineer working in Texas on TN1 visa (Canadian) in a leadership role, and intending to change my status to qualify for a citizenship/green card holder. My company is willing to help change my status.

 

Can anyone please advise on how I may be able to do this and any mistakes to avoid? Additionally, if I am able to get a citizenship, would it possible to extend it to my child (over 18)?

Your first step is to work with your company to switch to E, L, or H work visa.  Going from TN-1 to LPR is very difficult because TN-1 is not dual intent so it will be highly scrutinized and more likely to be denied, and a very long wait time (years) because of limits in the number that can be issued each year.  Switching to E, L, or H is not a quick or easy process, but would be the pathway more likely to succeed in the end for you because those visa categories are dual intent.  As you know, any path you choose has to originate with your company to file the paperwork, pay the fees, hire the attorney, etc.  After you get E, L, or H status then you can file for LPR, and that process takes time as well.  After all of this and a few years later, if you end up as an LPR, then you can consider what is best for your child at that time.

[WOODHIKER 30]

The above is not true.  You can easily switch from TN to LPR many, many people have done it, myself included.  If at the time you entered the US on a TN there was no intent to stay in the US then you are fine.  Intent was determined at the time you entered the US and if you were granted the TN visa then the immigration officers have already determined that you weren't intending to stay, because if they believed you were going to stay in the US then you wouldn't  have been granted a TN Visa. This is the same reason why people who enter the US on a visitor visa to visit their boyfriend/girlfriend and then decide to marry after they've already entered the US they can still easily get a green card because intent was determined at the time they entered the US.  

 

The only issue is that, assuming you have a 3 year TN, you need to make sure that you have at least 1 year remaining on the TN when you apply for the green card because since TN is not dual intent when you apply for the green card you are signaling that you intend to stay.   So if the TN expires before you get your EAD you will not be able to get another TN if you are in the middle of your green card application and you will not be able to work. I would put TN to Green Card in the search feature of this website and see how it's done.

[WeGuyGal 1,052]

Are you Canadian born? Assuming for a moment not, country of birth matters too for time to become an LPR.