How to Transition from a TN Visa to a Green Card
Curious about making the leap from a TN Visa to a Green Card? StayLonger breaks down the process, so you can take the next step in your USA immigration journey!
Author Name: Cosmina B
So, you're on a TN Visa and enjoying your time in the USA, but the thought of making it permanent has crossed your mind. How do you move from that temporary work status to the dream of permanent residency? It's totally possible to go from a TN Visa to a Green Card, and we’re here to guide you through the process, step by step. Let’s dive into how you can make the transition!
Understanding the TN Visa vs. Green Card
Before jumping into the steps, it’s important to understand the difference between the TN Visa and a Green Card. The TN Visa is a non-immigrant status, which means it’s meant for temporary employment in the USA under the United States-Mexico-Canada Agreement (USMCA), formerly known as NAFTA. On the flip side, a Green Card is your ticket to permanent residency in the USA, allowing you to live and work here without the constant need for renewals.
The main thing to keep in mind is that when applying for a TN Visa, you must show that you do not have the intent to immigrate permanently. This is important because transitioning from a TN Visa to a Green Card requires proving to USCIS (USA Citizenship and Immigration Services) that you plan to make the USA your permanent home.
Is the Transition Possible?
Yes! Transitioning from a TN Visa to a Green Card is possible, but there are a few important details to navigate. You can start the process while you’re on a TN Visa, but there are a few things to be careful about. Since the TN is a temporary visa, USCIS will need to see that you’ve maintained your status and are genuinely seeking permanent residency—not just using the TN Visa as a stepping stone.
The key here is intent. You can’t go into the TN Visa process with the plan to use it as a direct path to a Green Card. That might raise a red flag for immigration authorities. Once you’re in the USA on a TN Visa, that’s when you can begin looking into transitioning to permanent status.
Your Path to a Green Card
Now let’s talk about how you can actually transition. The most common route for TN Visa holders is through an employment-based Green Card. If your current employer is willing to sponsor you, they’ll start by filing a petition (called an I-140) to help you apply for a Green Card. This petition will show that you are eligible for permanent employment with your employer, and they want you to stay long-term.
There’s also the possibility of applying through family-based sponsorship if you have a USA citizen spouse or close family member. This pathway works a little differently, but it’s just as valid if you meet the criteria.
Another option could be self-petitioning if you have extraordinary skills, like being a standout in your profession or field. If you’ve done something exceptional (think major achievements or awards), you may be eligible for categories like the EB-1 or EB-2 Green Cards.
What Happens During the Transition?
Once you’ve decided on the best route to a Green Card, the process typically involves filing forms like Form I-140 (Immigrant Petition for Alien Worker) and Form I-485 (Adjustment of Status). Form I-140 is usually filed by your employer, and it lets USCIS know that they want you to become a permanent resident. After that, Form I-485 allows you to adjust your status from a TN Visa holder to a Green Card holder while you remain in the USA
In some cases, if your priority date isn’t current, you might have to wait a bit before you can file your adjustment of status. It can be a lengthy process, but it’s absolutely worth it in the end!
Stay in the USA During the Process
One important thing to keep in mind is that if you want to adjust your status while on a TN Visa, it’s important not to leave the USA during the process. If you leave while your Green Card application is being processed, you may risk jeopardizing your application, as it could be seen as abandonment.
If travel is necessary, it’s best to speak with an immigration expert to make sure you’re not unintentionally causing delays or complications with your case.
Be Ready for the Wait
As exciting as it is to think about becoming a permanent resident, it’s important to remember that the process takes time. Depending on your situation, it might take months or even years before your Green Card is approved. But, with careful planning and the right paperwork, you’ll get there. The key is staying patient, staying on top of your paperwork, and keeping your status intact while the process unfolds.
Get Help with Your Transition
At StayLonger, we know how overwhelming navigating the TN Visa to Green Card transition can be. But don’t worry—we’re here to help! Whether you’re unsure about the paperwork, need advice on your eligibility, or simply want someone to guide you through the process, our team of immigration experts is just a call away.
If you’re ready to take the next step and transition from a TN Visa to a Green Card, schedule a free consultation with one of our specialists today. We’ll help you navigate the entire process with ease and confidence.
