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What is a TN-Visa?

The TN visa is a certain category of the North American Free Trade Agreement (NAFTA). This particular visa lets Canadian and Mexican citizens enter the United States and work on a temporary basis. The United States Citizenship and Immigration Services (USCIS) set no limit on the number of temporary employees allowed to enter into the U.S. each year. However, if one wishes to become a permanent resident, that person would not qualify for the TN visa. For more information on how to obtain a TN Visa, read below to find Expert answers.

If one enters the U.S. with a TN visa, applies for a green card and is approved, what happens to their TN visa, and are they considered to be illegal while waiting for their green card?

Once a person gets approved to receive a green card, their TN visa is no longer valid. The person’s status is changed from TN visa to permanent resident. It can take a bit of time to process a green card and have it ready for the person it is for. It can take anywhere from six weeks to three months. If one has not physically received their green card but has been approved for one, they should make an appointment with Infopass. Infopass will put an I-155 stamp on one’s passport that shows they are residing legally even though their TN visa is no longer valid.

If a person has a TN visa but wishes to marry a legal U.S. citizen, how should they go about living in the United States legally and getting their green card?

If this person gets married before moving to the U.S. with their TN visa, they will not be able to move to the United States because their intent would not be to return to their home country. The TN visa is only given to the citizens who intend to return home after their TN visa has expired. The advisable thing to do would be to move into the United States before the marriage takes place so the person would be able to stay in the U.S. on their TN visa. After waiting for a time period of about 60-90 days, one could then get married and apply for a green card along with an advance parole document which will allow one to travel while waiting on their green card. If one chooses to get married before moving to the United States, they will not be allowed to enter into the U.S. on their TN visa and will have to wait in their home country for an immigrant interview, which usually takes about 3-5 months for the petition to be approved and another 3-5 months for the processing of the person’s immigrant visa.

If a person is in the United States and working with a TN visa, can that person get a second job?

In this situation, one is allowed to get a second job with another employer. The requirements for this are simple and easy to follow. The person would have to go back to the border with a letter of employment for the second employer, and it must strictly be an employer/employee relationship. One is not allowed to have two different Visa statuses, but two concurrent TN visas are allowed to exist under two different employers.

If a person has a TN visa and is working for a certain employer in the U.S. but wishes to quit their job, what would they do?

If a person is in the U.S. with a TN visa and is working for a specific company, that person would have to do is put in their 2-3 week notice to their employer. Once that has been done and the person is considered unemployed by that certain company, that person will usually have about 10 days to gather up all of their things and move back to their home country.

TN visas are very easy for Canadian and Mexican citizens to come by. As long as their intent is to return to their home country after their TN visa has expired and their work for that employer is finished, they can easily qualify for the TN visa. There are not many issues with people trying to misuse the TN visa or find a loophole in the system. It is a very easy system to get into, with quite simple requirements to follow. Questions still come up about the rules of a TN visa however. Remember, when questions arise about TN visas, or anything else, it is best to ask the Experts.

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