Marriage based greencard while in TN status

C

Cadman

New Member
Hi all just wondering if anyone has had to deal with the following scenario:
My wife will shortly be applying for permanent residency in EB-2 category (PERM has been
approved) and will include me in her petition. I am in TN status for the next 3 years - how will this affect my ability to obtain PR based on her petition? I am aware of TN not being a dual intent status for immigration purposes. And finally, should I remain in TN status during the process or should I apply for EAD?

Thanks in advance.
 
You can apply for AOS as her dependent while being on TN status. Since TN is not dual intent, you should get your EAD and AP and start using them in my opinion.

Cadman said:
I am in TN status for the next 3 years - how will this affect my ability to obtain PR based on her petition? I am aware of TN not being a dual intent status for immigration purposes. And finally, should I remain in TN status during the process or should I apply for EAD?
Click to expand...
 
Just to clarify, your petition is NOT what we term marriage-based (ie. sponnsorship by a US citizen spouse). It is a derivative petition based on an Employment-based EB-2 Green card process.

You want to submit your I-485/I-765/I-131 with at least 4-5 months left on your TN (i'm assuming since you did not ask, that she is on H1 and doesn't have your concerns), and stay put in US until you get both your EAD and AP. Then you will migrate to "adjustee" status, working under EAD, until your GC comes through.

Do not remain in TN, as you will not be granted that status upon re-entry into US after filing I-485. And get AP so that departure from US does not kill your I-485.

This timing needs to be mentionned to the lawyers handling her petition as their could be a timing conflict which may need to be resolved before submitting your paperwork.
 
Thanks for the replies. My wife is on H1B and my TN has just been renewed for another 3 years. I spoke to a lawyer and she reiterated what the previous posts say to a certain extent. The lawyer said that I cannot, under any circumstances, be listed as a derivative on my wife’s green card application while I am in TN status. Of course the lawyer wanted a consultation fee to discuss further but I thought I would give the forum a shot at naswering this first. Is that really the case? Do I have to switch to another status for my wife's green card application? What I have read here and elsewhere is that timing is the issue but I'm not quite sure of the specifics. When exactly do I drop the TN status or do I even need to?
 
Cadman said:
The lawyer said that I cannot, under any circumstances, be listed as a derivative on my wife’s green card application while I am in TN status.
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Congratulations! The lawyer has, for free, indicated that he or she does not have the necessary experience or knowledge to handle your case. That statement was 100% wrong.

Of course the lawyer wanted a consultation fee to discuss further but I thought I would give the forum a shot at naswering this first. Is that really the case?
Click to expand...

Absolutely not. Don't waste your money with that joker.

You can file an I-485 on TN status. My wife filed an I-485 in B status without issue. Tell the lawyer to view this forum, and send him or her a bill for your time.
 
The key in curiousgeorge's post -- for your purposes -- is the timeing issue related to being sure that you can file I-485/I-765/I-131 and get approval for I-765 and I-131 all within a 3-4 month period during which you neither need to leave US nor need to renew your TN.

That is all you need to concern yourself with, as I siad earlier. Unfortunately you now also have to contend with an ignorant lawyer, that you have no control over, since they were bought with wife's firm's money. You could file the docs you need on your own.

I-485 prevents getting or entering on TN (or TD, B1, B2, J, F and a whole host other statuses). However having TN does not prevent one from filing anything.
 
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