Can a Canadian Citizen Work in the U.S. under a TN Visa and File for Lawful Permanent Residence?


Can a Canadian Citizen Work in the U.S. under a TN Visa and File for Lawful Permanent Residence? Part I.

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The simple answer to this question is yes, you may apply for a green card while working in the U.S. under a NAFTA TN visa. However, there are different strategies for doing so and that is why you should consult with an experienced immigration attorney in determining your best course of action.

The biggest issue for a TN visa holder applying for permanent residency (green card) is that you must maintain bona fide nonimmigrant intent. In layman’s terms, you cannot intend to establish permanent residence in the U.S. and must prove that your proposed stay is temporary and that you will leave at the conclusion of your TN employment.

You may be asking yourself how does show a bona fide nonimmigrant intent if you are applying for permanent residency while in the U.S. under a TN visa? The reason you can do both is that the law does not prohibit you from having the intent to immigrate in the future. “An intent to immigrate in the future which is in no way connected to the proposed immediate trip need not in itself result in a finding that the immediate trip is not temporary. 9 FAM § 41.59 N5.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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