TN to green card via family based visa

[JennMMB 0]

We are currently in the US on a TN/TD visa. Our daughter was born in the US and turns 21 in the fall. She can sponsor us for a green card. Looking to hear from anyone who has successfully done this. What was your timeline like? Did you use an attorney? Were you able  to travel during this process? 

[aaron2020 11,651]

Hi,

 

It's currently taking 12-24 months to adjust status for a green card.

 

You don't need an attorney.  This is a DIY website and people are successful filing on their own for simple cases like yours.

 

Once you file to adjust status, you will need to have AP to leave the US without abandoning your AOS.  AP is taking about 6-8 months on average.  SO, IT'S VERY IMPORTANT that when you file to adjust status, you should expect to stay in the US for at least 6-8 months to wait for AP.

[igoyougoduke 1,675]

1 hour ago, aaron2020 said:

Hi,

 

It's currently taking 12-24 months to adjust status for a green card.

 

You don't need an attorney.  This is a DIY website and people are successful filing on their own for simple cases like yours.

 

Once you file to adjust status, you will need to have AP to leave the US without abandoning your AOS.  AP is taking about 6-8 months on average.  SO, IT'S VERY IMPORTANT that when you file to adjust status, you should expect to stay in the US for at least 6-8 months to wait for AP.

 

if OP maintain's TN status than they really dont have to wait for AP.

 

Also once you file Adjustment of Status, you might not be able to renew your TN or move employers on TN as filing I-485 shows immigrant intent. However you can stay on TN visa until your green card is approved without using EAD/AP 

 

 

[aaron2020 11,651]

6 minutes ago, igoyougoduke said:

 

if OP maintain's TN status than they really dont have to wait for AP.

 

Also once you file Adjustment of Status, you might not be able to renew your TN or move employers on TN as filing I-485 shows immigrant intent. However you can stay on TN visa until your green card is approved without using EAD/AP 

 

 

TN visas are not dual intent.  Leaving the US without AP would result in abandoning their adjustment of status.  

https://citizenpath.com/tn-professionals-adjust-status/

TN professionals who file an adjustment status must obtain an advance parole document before departing. Without acquiring the advance parole travel document first, the adjustment of status applicant will abandon the pending I-485 when leaving the U.S. The individual will likely be unable to reenter the U.S. under TN status.

Edited April 21, 2021 by aaron2020