Company tried moving me from TN to GC. Blowing up

W

Western_Canuck

Registered Users (C)
I moved the the U.S. with my family about 2 years ago, and came on a TN. My children were given TD VISA's and my wife is a U.S. citizen. The company that hired me then told me they wanted me to get a GC so that there would be no chance I would be denied entry into the U.S. when I woud re-apply yearly.

Well, my daughters were visiting Grandparents these last few weeks and when they returned they were stopped at the border because their TD VISA's had expired... to make a long story short, it would appear that I either have no status or AOS. After making a number of phone calls, my company told me that my status is "AOS". Is this actually a status?

Thanks
WC
 
Tn, H-1b, Gc

Question is your TN status expired????? I gather you are Canadian.
If your TN has expired then you are out of status along with your kids. OUCH!!!!
Has your wife filed for your and your kids green cards at all, if so then you will be in adjustment of status.You would not be on a TN anymore.

Another point from my lawyer(I was also on TN, I did it 2 times) You CAN NOT IMMIGRATE ON A TN. Your company would have to do an H-1B like I did and when approved then you can have dual intent. Meaning H-1B is a non immigrant visa but you can immigrate on it.
ALso you WILL NOT BE IN ADJUSTMENT OF STATUS until you have your labor certification done if needed (takes about a year in most places) and then your company would file the I-140 immigrant petition and you could then apply at same time for ajustment of status (I-485) or wait until the I-140 is approved then file for adjustment of status. There are other options also.
If need more info at all leave me a message. You have a lot of scenario's depending on other circumstances. Hope this helps.
 
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Thanks for the info. My wife is indeed a U.S. citizen, and the mother of my children. The problem with my kids getting citizenship is my wife has only resided in the U.S. for 1 yr, 8 months since the age of 14. 4 months to go...

Although my company is managing all the paper work, it is my wife that has "sponsored" my GC (if that is the correct terminology). What I am still confused about then is, when I am asked what my status is, do I reply "AOS"? I am not H1B, and my TN has expired. Last weekend, I had immigration calling me regarding my children entering the U.S. and they kept asking the same question over and over "What is your status?" My company is telling me to tell them my status is "AOS". Does this make sense?

I will post more once my company speaks to their lawyer and I will also check out the web site link for TN VISA's. Your responses have been greatly appreciated.

WC
 
Yes you are "adjustment of status" since your wife has applied for your Green Card. I am the same as I do not now have a H-1B. You remain in this status until the green card issue is decided.
Also you must now apply for advance parole for yourself and the kids so you can travel.
Good luck to you.

And for United NAtions : found on this siteTemporary entry, as defined in the NAFTA, means entry without the intent to establish permanent residence. The alien must satisfy to the inspecting immigration officer that the proposed stay is temporary. A temporary period has a reasonable, finite end that does not equate to permanent residence. In order to establish that the alien's entry will be temporary, the alien must demonstrate to the satisfaction of the inspecting immigration officer that his or her work assignment in the United States will end at a predictable time and that he or she will depart upon completion of the assignment. An extended stay,even in terms of years, may be temporary, as long as there is no immediate intent to immigrate.
(Paragraph (b) revised 1/9/98; 63 FR 1331)

Also my lawyer is rated one of the BEST IN THE US and he also says TN visa does not ALLOW DUAL INTENT. You yourself also state can't have dual intent.Thats is why he recommends H-1B visa for those trade naftas who want to immigrate.It's a nonimmigrant visa that allows you to immigrate.
 
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