TN Visa to Green Card: How to Make the Switch

Thinking about moving from your TN Visa to a Green Card? This change can provide you with the long-term stability and benefits of permanent residency, such as accessing government services, pursuing new career opportunities, and traveling more freely. It also simplifies the process of reuniting with family members from Canada or Mexico in the U.S. However, due to the nature of the TN visa, there are certain pitfalls you need to avoid when making this transition. 

In this blog post, we’ll guide you through the different pathways to transition from a TN Visa to a Green Card. We’ll cover everything from eligibility requirements to step-by-step instructions, helping you understand the process and make your move with confidence.

Understanding the TN Visa

The TN visa is a special visa for Canadian and Mexican citizens who want to work in the U.S. under the North American Free Trade Agreement (NAFTA). It’s designed for professionals in fields like engineering, accounting, and teaching, allowing them to work in the U.S. for an employer in a role that matches their qualifications. 

If you’re a Canadian or Mexican professional looking to advance your career in the U.S., the TN visa might be the right option for you. It offers a streamlined application process and is typically valid for up to three years, with the possibility of renewal.

Learn more about the TN visa in our comprehensive TN visa guide.

Benefits of Transitioning from TN Visa to Green Card

Transitioning from a TN visa to a Green Card can offer several significant benefits. One of the biggest advantages of having a Green Card, or permanent residency, is that it allows you to live and work in the U.S. permanently. Unlike the TN visa, which is valid for a maximum of three years at a time and requires renewal, a Green Card gives you stability and security in your residence status.

Advantages of having a Green Card

• Permanent Residency: Unlike the TN visa, which needs to be renewed every few years, a Green Card grants you permanent residency status. This means you can live and work in the U.S. indefinitely without worrying about visa expiration.
• Work Flexibility: With a Green Card, you’re not tied to a specific employer or job role. You have the freedom to change jobs, start your own business, or explore new career opportunities without needing a new visa or employer sponsorship.
• Path to U.S. Citizenship: After holding a Green Card for a few years, you can apply for citizenship, gaining full rights and privileges, including voting and running for office.

Differences between TN visa and Green Card

When comparing the TN visa to a Green Card, it’s important to understand how each option aligns with your long-term goals and needs. While both provide pathways for working in the U.S., they come with distinct features and limitations. 

Understanding Dual Intent

“Dual intent” is a concept in U.S. immigration that allows visa holders to pursue both temporary and permanent residency plans simultaneously. When it comes to the TN visa, dual intent does not technically apply, and understanding this can help you avoid problems during the  transition from a TN visa to a Green Card.

Unlike some other visas (e.g.: the H1B visa), the TN visa doesn’t officially allow for dual intent. This means that when you apply for a TN visa, you’re supposed to show that you only intend to stay temporarily and plan to return to your home country after your employment ends. Though moving from a TN visa to a green card is possible, you will need to be very careful about the timing of various steps to avoid any issues. For example, once you reach a certain point in the green card process, you may no longer be able to renew your TN visa. 

Pathways to move from a TN visa to Green Card

If you keep the important timing considerations in mind, transitioning from a TN visa to a Green Card can be achieved through several pathways, each tailored to different scenarios and goals. Depending on your personal situation, you may choose from options such as employment-based or family-based Green Cards. Each pathway comes with its own set of requirements and procedures. 

TN Visa to Green Card Through Employment

One pathway to transition from a TN visa to Green Card involves finding an employer who is willing to sponsor you for an employment-based Green Card. This process involves several key steps and understanding the different categories of employment-based Green Cards.

Employment-based Green Cards are categorized into several classes, each designed for specific types of workers:

• EB1 visa: For individuals with extraordinary abilities in their field, including outstanding professors or researchers, and multinational executives or managers. It’s ideal for those with significant achievements and recognition in their industry.
• EB2 visa: For professionals holding advanced degrees or those with exceptional abilities that benefit the U.S. economy. This category includes:
  • EB2-A: Advanced Degree Professionals
  • EB2-B: Individuals with Exceptional Abilities
  • EB2-C: National Interest Waiver (NIW) for those who can demonstrate their work benefits the U.S. substantially.
• EB3 visa: For skilled workers, professionals with at least a bachelor’s degree, and other workers with less specialized skills. This category includes:
  • EB3-A: Professionals with a U.S. bachelor’s degree or foreign equivalent
  • EB3-B: Skilled Workers with at least 2 years of experience
  • EB3-C: Unskilled Workers for positions requiring less than 2 years of training or experience

Step-by-Step Process: TN Visa to Green Card Through Employment

Transitioning from a TN visa to a Green Card through employment involves several key steps. This process includes securing a job offer from a U.S. employer, filing necessary petitions, and either adjusting your status within the U.S. or completing consular processing abroad.

Step 1: Understand if you qualify for a self-petitioning Green Card 

• These include EB1A visa or EB2 NIW (National Interest Waiver).
• If you do not meet the requirements, then proceed to Step 2.

Step 2: Finding an Employer Willing to Sponsor

• Secure a job offer from a U.S. employer who is willing to sponsor your Green Card application. 
• The employer must be prepared to file the necessary paperwork and support your application.

Step 3: Filing Form I-140 (Immigrant Petition for Alien Worker)

• After securing a job offer, your employer will need to go through various steps and eventually file Form I-140 with USCIS.
•  This petition demonstrates that you qualify for the Green Card category and that the employer is offering a permanent position.

Step 4: Adjustment of Status (Form I-485) or Consular Processing

• If you’re already in the U.S., you will file Form I-485 to adjust your status to a Green Card holder. 
• If you’re outside the U.S., you’ll need to go through consular processing at a U.S. embassy or consulate in your home country to obtain your Green Card.

Role of Labor Certification (PERM)

For most employment-based Green Cards, particularly in the EB2 and EB3 categories, a Labor Certification (PERM) is required. This process involves your employer demonstrating that:

• They have tested the labor market and found no qualified U.S. workers for the position.
• Hiring you will not adversely affect the wages or working conditions of U.S. workers.

The PERM process includes advertising the job, interviewing candidates, and documenting the results to show that there are no suitable U.S. workers available for the role.

You can learn more about the PERM process in our EB3 Visa guide.

TN Visa to Green Card Through Marriage

If you are married to a U.S. citizen or a Green Card holder, you can potentially transition from a TN visa to a Green Card through your marriage. This path is often faster and more straightforward than other immigration routes.

Eligibility Requirements for Marriage Based Green Card

In order to go from a TN visa to Green Card through marriage, you must meet certain eligibility requirements:

• Legal Marriage: Must be legally married to a U.S. citizen or a Green Card holder.
• Proof of Genuine Marriage: Provide evidence that the marriage is bona fide, such as joint financial documents, shared living arrangements, and photos together.
• Spouse’s Status: If your spouse is a U.S. citizen, there is no waiting period to apply. If your spouse is a permanent resident, you must wait for a visa number to become available. 
• Legal Entry and Status: Must be legally present in the U.S. or eligible for consular processing if outside the U.S.

Step-by-Step Process: TN Visa to Green Card Through Marriage

Transitioning from a TN visa to a Green Card through marriage offers a path to permanent U.S. residency based on your marital relationship with a U.S. citizen or Green Card holder. Here’s are the steps you need to take:

Step 1: File Form I-130

Your U.S. citizen or Green Card-holding spouse needs to file Form I-130 with USCIS. This form shows that your marriage is valid and that you’re eligible for a Green Card. Include documents like your marriage certificate and proof of your spouse’s status.

Step 2: Wait for Approval

Once Form I-130 is filed, you’ll need to wait for USCIS to approve it. This step confirms that your marriage qualifies you for a Green Card.

Step 3: Choose Your Path

• If You’re in the U.S.: You can file Form I-485 to adjust your status to a Green Card holder.
• If You’re Outside the U.S.: Prepare for consular processing by applying for a Green Card at a U.S. embassy or consulate.

Step 4: Complete the Next Steps

• Form I-485: If you’re in the U.S., submit Form I-485 along with other required documents, like your medical exam and financial support forms.
• Consular Processing: If you’re abroad, attend an interview at a U.S. embassy or consulate to finalize your Green Card application.

Step 5: Attend an Interview

• Adjustment of Status: You might have an interview with USCIS if needed.
• Consular Processing: You’ll have an interview at the U.S. embassy or consulate.

Step 6: Get Your Green Card

• Adjustment of Status: After approval, your Green Card will be mailed to you.
• Consular Processing: Once approved, you’ll receive your Green Card and can enter the U.S. as a permanent resident.

TN Visa to Green Card Through Consular Processing

If you’re on a TN visa and planning to transition to a Green Card while outside the U.S., consular processing is your pathway. This option is particularly useful if you are OK living abroad for some time and prefer to handle your Green Card application through a U.S. embassy or consulate rather than adjusting your status from within the U.S.

Step-by-Step Process: TN Visa to Green Card Through Consular Processing

Step 1: Filing Form DS-260

• Start by filing Form DS-260, the Immigrant Visa Application, through the U.S. Department of State’s Consular Electronic Application Center. 
• This form is crucial for your consular interview and helps establish your eligibility for a Green Card.

Step 2: Preparing for the Consular Interview

• After filing Form DS-260, you’ll need to prepare for an interview at a U.S. embassy or consulate. 
• Be ready to provide documents such as your marriage certificate, proof of your spouse’s citizenship or Green Card status, and evidence of your genuine relationship.

Step 3: Visa Issuance and Entry to the U.S.

• Once your interview is complete and your application is approved, you’ll receive your Green Card visa. 

Required Documents

When transitioning from a TN visa to a Green Card via consular processing, you’ll need to gather and submit a variety of documents. Here’s a list of key documents required for this process:

• Form DS-260 (Immigrant Visa Application)
• Passport: Valid passport with at least six months of validity remaining beyond your intended stay in the U.S.

• Birth Certificate: An official copy of your birth certificate, with an English translation if necessary.
• Marriage Certificate: Official copy of your marriage certificate to prove your marital relationship with your U.S. citizen or Green Card-holding spouse.
• Police Certificates: Police clearance certificates from all countries where you have lived since age 16. These certificates are required to verify that you have no criminal record.
• Medical Examination Report: A completed medical exam conducted by an authorized physician, including vaccination records and a health clearance.

• Form I-130 Approval Notice: Proof of the approved Form I-130 (Petition for Alien Relative) filed by your spouse, showing that your relationship has been confirmed.
• Affidavit of Support (Form I-864): A completed Form I-864, which is a legally binding document your U.S. citizen or Green Card-holding spouse must provide to show they can financially support you.
• Proof of Relationship: Evidence demonstrating the authenticity of your marriage, such as joint financial accounts, shared lease or mortgage agreements, and photographs of your relationship.
• Visa Photos: Passport-sized photos that meet the specific requirements for U.S. visa applications.
• Fee Payment Receipts: Proof of payment for the visa application fee and any other related costs.

Depending on your specific situation, additional documents might be required, such as evidence of previous legal U.S. entries or additional proof of eligibility.

How Manifest Law Can Help

Navigating the transition from a TN visa to a Green Card can be complex, but Manifest Law is here to help. Our experienced immigration attorneys specialize in guiding you through every step of the process, from gathering necessary documents to handling legal intricacies. 

Whether you’re adjusting your status within the U.S. or going through consular processing abroad, Manifest Law provides expert support to ensure your application is complete and compliant.

Book a free consultation today to learn more about our services.