TN to Greencard

[smorin]

My employer would like to send me directly from a TN to a Greencard. I am Canadian, and my wife is Thai. She holds an H1B. Is this still possible? Also, can she be attached to my paperwork, thereby providing her with a greencard too.

A great forum. Thank you for any advise.

 

[curiousGeorge]

Although a pending labor certification or Form I-140 petition for permanent employment is not a bar to admission, filing an application for adjustment of status may make it difficult, if not impossible, for a TN applicant to prove a bona fide nonimmigrant intent. Filing for adjustment of status, therefore, may adversely affect an individual’s ability to seek new admission as a TN nonimmigrant.

bzuccaro,
Where are you getting this incorrect misinformation from? Although consular processing is certainly an option, there is no need to eliminate the option of filing an Adjustment of Status and resort to using Consular Processing.

One can certainly apply for an I485 while on a TN, and once applied for, there is no need to apply for an subsequent TNs, as the person should also have had applied for an EAD an an Advance Parole. This therefor resolves any immigrant intent issues you mentioned, since the person would not even need any more TNs.

Of course a TN does not allow for immigrant intent, but as I've mentioned in many posts previously, an approved or pending I-140 does not show clear immigrant intent in the view of USCIS and the Nebraska Service Center. (see link below for quotes) Further more, a TN would only be denied, if the applicant had a pending I-485, and it is therefor advisable to apply for an EAD and Advance parole at the same time.

You both really need to read my steps for applying for AOS while on a TN. You'll find quotes form the memos issued by NSC and USCIS on this topic there also.

Read the second post on this thread:
http://www.immigrationportal.com/showthread.php?t=152852