Husband will have GC will I get mine?

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canadianmomof3

Registered Users (C)
Hi all,

I have a few questions and hope you can help me out! My family and I are planning on moving to the US soon. It will be myself, my husband and our 3 kiddies. Here is our situation: I am a Registered Nurse and I can get in with my TN status and so can the kids under me. My husband is 50% American Indian and is working on getting his letter of quantum and his Canadian status card so he can get in to the US to live and work. I am pretty sure that he can apply for his GC right there at the border and it will be approved because he is Indian. So we both can get in to live and work. My big question is can he sponser or petition for myself and the kids to get a GC if I am under TN status? How do I get my GC? How long does this take? Will I be able to continue to work with my TN status with a petition or I-130 (I think) is filed? Any advice would be helpful.

Laura
 
canadianmomof3 said:
My big question is can he sponser or petition for myself and the kids to get a GC if I am under TN status?
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I imagine he could (if he can live permanently in the US under the Jay Treaty I imagine he can sponsor you), the only problem is that such sponsorship will take 5-7 years for a visa to become available, and may affect your TN. I'd suggest you get a 3-year TN first, have him file the I-130 once he becomes a Permanent Resident and hopefully you will only have a single TN renewal prior to the priority date becoming current.
 
Since you are a Nurse, your employer in the U.S can sponsor you for a Employment Based Greencard for you and your children. Applying through your husband might be faster since Employment based GC have a huge backlog.
 
Nav102 said:
Since you are a Nurse, your employer in the U.S can sponsor you for a Employment Based Greencard for you and your children. Applying through your husband might be faster since Employment based GC have a huge backlog.
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is teh bold part still applicable? it seems the law was not extended after 2005. any update?
 
TheRealCanadian said:
I'd suggest you get a 3-year TN first, have him file the I-130 once he becomes a Permanent Resident and hopefully you will only have a single TN renewal prior to the priority date becoming current.
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However, once the I-130 is filed, they would practically be stuck in the US until their green cards are approved, because if a border officer knows about the pending I-130 they probably won't allow entry to the US with the TN.
 
seguno2 said:
is teh bold part still applicable? it seems the law was not extended after 2005. any update?
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Nurses can still be sponsored for green cards. It's just that those recaptured green cards that were available to Schedule A workers back in 2005 are no longer available, so they have to sit in the regular EB3 queue, which is likely to take at least as long as your husband sponsoring you.
 
Jackolantern said:
Nurses can still be sponsored for green cards. It's just that those recaptured green cards that were available to Schedule A workers back in 2005 are no longer available, so they have to sit in the regular EB3 queue, which is likely to take at least as long as your husband sponsoring you.
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do u know any lawyer that can help out for a foreign nurse trained (BSN) and licenced (RN) in the US? thanks
 
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