TN NAFTA visa for Canadians and green card?

It is easy for a Canadian to find a job in US and work there with TN visa. But what about if that person wants to stay in US permanently. When she/he applies for green card after some time, will he/she need to come back to Canada until the green card is received.

If this TN visa holder decides to stay in US and applies for green card. Will they renew the TN visa.

How long is required to work with TN visa before applyin for green card?

Thanks a lot

Answer:
I am a Canadian employed in America on a TN. According to my research, INS does not prefer TN visa holders to apply for green card. This is due to TN visa not being under the Dual Intent Doctrine. Presently, only E, H-1 and L category visa holders are allowed to remain nonimmigrant while simultaneously pursuing permanent resident status.
I have read posts where people with TN have filed and received their Green Cards, but that is rare. If your current status is TN and your employer was to file you GC, you might have issues getting your TN renewed at the Port of Entry the subsequent year.
The safest bet if to have your employer sponsor you H1, which is valid for 6 years, and gives you enough time for Green Card processing.
Quoting Wikipedia - "TN status has some similarities with the H-1B visa. However, because the TN status is adjudicated at the border, TN status can also be revoked at any time at the border (if a Canadian is re-entering the US), even if it is not up for renewal. Thus it is important to be sure that any application is perfectly airtight. But the most important difference is that TN status does not include the doctrine of dual intent. Therefore, Canadians or Mexicans on TN status must be careful if they desire to ultimately pursue the green card. Either they should first switch to the H-1B visa before applying for the green card, or they must carefully time things to ensure they do not attempt to renew TN status after the green card application is formally pending"

The Immigration information post by website user , MyTend.com not guarantee correctness.


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