Legal Question in Immigration Law in North Carolina

TN Visa -- Green Card

I have a question regarding the NAFTA TN Visa. It is my understanding that it is not possible to obtain a ''Green Card'' while you are working in the US under a NAFTA TN Visa. I guess this is due to the fact that the TN Visa does not permit you to reside in the US other than a limited amount of time. Is this correct?


Asked on 7/24/03, 1:44 pm

1 Answer from Attorneys
Fariba Faiz Law Offices of Fariba Faiz

Re: TN Visa -- Green Card

A TN visa is a single intent visa. The purpose of which is to work on a temporary basis in the US based on NAFTA. If you have a green card petition pending on your behalf, then your intention is to reside in the US on a permanent basis. This contradicts the temporary essence of a single intent visa such as the TN visa. On the other hand, H-1B or L-1 visas are considered "dual intent" visas. As such, you can have a green card petition pending/concurrent while holding H-1 or L status.

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Answered on 7/24/03, 1:55 pm


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