TN & TD applying for Green Card.

[Fabrizio]

Hello,

I moved to California back in 2004 and I currently have a TD Visa, and my wife and son have a TD.

I've worked with the same lawyer for 7 years, but she keeps telling me to renew the same permit without really moving forward for a GreenCard. I talked to a second lawyer on Monday that was recommended to me, and he told me that things had changed, and that I couldn't apply for a GreenCard with a TN/TD Visa anymore.

If this is true, what are my options?

My son (17 years old) will be graduating from High School next year, and as far as I'm concerned, he cannot apply for college or a job since the TD Visa doesn't give him the right to a SSN, and I've talked to him a couple of times, and he doesn't want to go back to Mexico, so a Student Visa wouldn't work either since he has to leave the country as soon as he's done with College.

What can I do to apply for a Green Card and/or give my son a SSN? Can any of you recommend me someone that will help me a little better than the other two lawyers?

Thank you!

 

[nelsona]

Nothing has changed. Any lawyer that says you canot apply for a GC while on TN is ridiculous.

At the very worst, it is that you cannot apply for TN while applying for GC. But that certainly does not prevent starting the process, and getting off TN (for EAD) at some point.

re-read the curiousgeorge post that describes TN to GC at length.

As to your son, once he gets admitted to college, he will get an F1, but, in deed, untill he gets a degree he cannot work. It has nothing to do with SSN; it has to do with work authorization. He would not have to leave US after he finishes college, he would simply get his own work authorization, just like you did, and just like 1000's of foreign students do each year (H1, TN, etc).

 

[Fabrizio]

Thanks for replying nelsona.

Can you tell me how hard this process is?

And my visa will expire in January. Do you recommended me to go for the GC? I've been in the country for 7 years