Can I apply for American Greencard - dual intent?

C

canada_14

Registered Users (C)
Hey all,

I am a Canadian Citizen and working for a employer A. If at all I work for the same employer in US,
1. Can I apply for American Greencard - dual intent?
2. How long is the processing time after application of Greencard?
3. Can that affect TN renewal?
4. Any useful links for reference.

Looking forward for reply and Thanks in advance.

Kalpesh Vaidya
 
I am a Canadian Citizen and working for a employer A. If at all I work for the same employer in US,
1. Can I apply for American Greencard - dual intent?
-- You cannot - company has to sponsor you and initiate the process and it can be done.

2. How long is the processing time after application of Greencard?
-- Depends on so many things - especially your place of birth.

3. Can that affect TN renewal?
-- It depends on the stage you are in. It does not affect before filing for the I-485.

4. Any useful links for reference.

-- Search this TN forum - this topic has been beaten to death here.
 
you cant have dual intend. it means you cant adjust your status here and you must go to the consulate for the interview. your employer can sponsor you for green card but at the end interview must be done through consulate. you should change your TN to H1 if you are planning to stay and adjust your status here in US.

since you have a TN i am assuming you have Bachelor degree and the wait time for that is 4-5 years now. check the Visa Bulletin because the visa availablity changes every month

it can effect you once you have a I-140 or I-485 specially if you plan to leave US for any reason. the best is to go for H1 next year.

this site probably is the best one. but one attorney has put many great information http://www.hooyou.com/services/index.html
maybe it gives you some answers.
 
sshakeny said:
you cant have dual intend. it means you cant adjust your status here and you must go to the consulate for the interview. your employer can sponsor you for green card but at the end interview must be done through consulate. you should change your TN to H1 if you are planning to stay and adjust your status here in US.
Click to expand...


NOT true - you CAN adjust your status while you are on TN. Currently, I am going through it.
 
bigboy00 said:
NOT true - you CAN adjust your status while you are on TN. Currently, I am going through it.
Click to expand...

Check out the “8 C.F.R. § 214 (b)” and “63 Fed. Reg. 1331, 1333”. The dual intend doctorine was rejected in the TN context. Ask your lawyer too. :)
 
sshakeny said:
Check out the “8 C.F.R. § 214 (b)” and “63 Fed. Reg. 1331, 1333”. The dual intend doctorine was rejected in the TN context. Ask your lawyer too. :)
Click to expand...

Been there and done that! Immigrant intent is defined as I-485 and therefore you cannot "renew" TN after filing I-485. But there is nothing preventing you from filing 485 while remaining in TN status. That's what I (and my lawyers) did!
 
bigboy00 said:
Been there and done that! Immigrant intent is defined as I-485 and therefore you cannot "renew" TN after filing I-485. But there is nothing preventing you from filing 485 while remaining in TN status. That's what I (and my lawyers) did!
Click to expand...

well, it doenst say you cant file it. what i mean is that if you can adjust status while in US or you need to go to your local US Consulate for the Initial interview. the Dual Intend clause allows Immigrant visa applicants to stay in US and go to interview in their local office. TN holders need to do the interview with consulate and the bad news for that one is that eventhough one may have an approval from USCIS, DOS can deny petition as they see fit. and if that happens, you will remain outside till your appeal goes through. I work with an immigration lawyer and i read their books like newspaper. i would rather go back to canada than going trough the long long long process of appeal decision.
i sure hope you succeed and i am looking forward to hear a good decision on your application. Please let us know... good luck
 
sshakeny said:
well, it doenst say you cant file it. what i mean is that if you can adjust status while in US or you need to go to your local US Consulate for the Initial interview. the Dual Intend clause allows Immigrant visa applicants to stay in US and go to interview in their local office. TN holders need to do the interview with consulate and the bad news for that one is that eventhough one may have an approval from USCIS, DOS can deny petition as they see fit. and if that happens, you will remain outside till your appeal goes through. I work with an immigration lawyer and i read their books like newspaper. i would rather go back to canada than going trough the long long long process of appeal decision.
i sure hope you succeed and i am looking forward to hear a good decision on your application. Please let us know... good luck
Click to expand...

I was responding to your sentence in your previous post:-
"you cant adjust your status here and you must go to the consulate for the interview." which is not true.

Thanks for your wishes - I hope to be successful.
 
bigboy00 said:
I was responding to your sentence in your previous post:-
"you cant adjust your status here and you must go to the consulate for the interview." which is not true.

Thanks for your wishes - I hope to be successful.
Click to expand...

let us know. best wishes...
 
sshakeny said:
the Dual Intend clause allows Immigrant visa applicants to stay in US and go to interview in their local office.
Click to expand...

It means no such thing. It simply means that immigrant intent cannot be used to deny issuance of a visa or admission to the United States in a particular non-immigrant category. Nothing more.

TN holders need to do the interview with consulate
Click to expand...

110% wrong. There are many TN holders who file an I-485. There are also thousands of individuals who file I-485s when in other non-immigrant statuses such as B, F and J that do not allow dual intent either.

and the bad news for that one is that eventhough one may have an approval from USCIS, DOS can deny petition as they see fit.
Click to expand...

DOS can only deny visa issuance based on questions of fact or law. Questions of fact are NOT appealable at all, but in over a decade I have yet to hear of an immigrant visa denied on this basis.
 
i am currently on tn as well and spoke with two different lawyers and you are able to stay working with your TN while the GC is in process.
 
Yes I was on a TN, had filed aways my stuff for AOS, and was on my TN until my EAD came in. I did have about 10 months left on the TN when I filed though so I gave myself plenty of time in case I didn't get the EAD. Luckily it came a few weeks later...
 
sshakeny said:
you should change your TN to H1 if you are planning to stay and adjust your status here in US.
Click to expand...

Absolutely false! You are wrong. Don't tell me it can't be done....

Read this entire page before you reply again with this type of misinformation, including the quotes in the apendix:
http://www.immigrationportal.com/showpost.php?p=984692&postcount=2

Many many people have gotten a GC by applying for AOS from TN and never switiching to H1B. Its absolutely legal. Your lawyer is obviously making false assumptions as well. He's only inexperienced and scared, I won't blame him :D :D

And if you want my personal experience, you can read this, and keep in mind I'm not the only one:
http://www.immigrationportal.com/showthread.php?t=152852
 
You must log in or register to reply here.
Top