4 ms·

What was your path of immigration into the US as a Canadian? Any tips or advice?

TriangleEdge 2y ago
I got a TN while working for big tech, met my wife, got married, and got a married based GC. The GC took 2 years.
wk_end 2y ago
If you're posting on Hacker News, you probably have a skill set that'll allow you to get a job covered by a TN. You go to border control, tell them you're applying for a TN, hand them a copy of your identification, resume, credentials, and offer letter. Then you wait for a couple of hours while they process you, and you're set for the next few years. Rinse and repeat until your job sponsors you for an H1-B or you marry an American citizen and can apply for a Green Card. Of course, there's other ways - talk to an immigration lawyer - but that's the simplest.
- notevenremotely 2y ago
  You can apply for a Green Card directly from TN status, although timing has been an issue recently.
  - wk_end 2y ago
    Not a lawyer, but isn't that kind of dicey? The TN is non-immigration and temporary - it's not supposed to be used if you have any intention of permanently migrating. I'd worry about it putting your TN status in jeopardy.
    - notevenremotely 2y ago
      H1-B is non-immigrant and temporary. L1 is non-immigrant and temporary. Going from TN to an immigrant visa via AOS is only risky in the sense that: - After you've filed your i485 you will no longer be able to get TN status, this applies regardless of your non-immigrant status. - You can't travel abroad between filing the i485 and receiving AP, which could be 6+ months. On the plus side you get a Green Card and don't have to play the H1-B lottery.
      - wk_end 2y ago
        H1-B and L-1 are both dual intent [0]. TN isn't. [0] https://en.wikipedia.org/wiki/Dual_intent https://en.wikipedia.org/wiki/Dual_intent
        notevenremotely 2y ago
        True but that doesn't really impact your ability to apply for a Green Card from TN. You have to wait 91 days [0] since your last entry before making an adjustment of status application. [0] https://www.boundless.com/immigration-resources/90-day-rule-explained/ https://www.boundless.com/immigration-resources/90-day-rule-...
        returningfory2 2y ago
        Every year thousands of people in statuses like F-1, O-1 and TN get employment based green cards. The idea that you have to be in H-1B or L-1 status to get an employment GC is simply 100% false.
        3vidence 2y ago
        +1 idk why I people keep saying that TN and H1B are the same. They are fundamentally different visas
        notevenremotely 2y ago
        Nobody is saying that. They are in the same category of non-immigrant visas.
        3vidence 2y ago
        They are categorically not, see the above comment on dual intent. You can get a TN visa cancelled for expressing desire to stay permanently
        notevenremotely 2y ago
        > They are categorically not, see the above comment on dual intent. They are. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/all-visa-categories.html https://travel.state.gov/content/travel/en/us-visas/visa-inf... > You can get a TN visa cancelled for expressing desire to stay permanently That is not true provided you follow the 90 day rule.
boringg 2y ago
Pro tip - its about to change so either move fast under current regs or wait.

I got a TN while working for big tech, met my wife, got married, and got a married based GC. The GC took 2 years.

If you're posting on Hacker News, you probably have a skill set that'll allow you to get a job covered by a TN. You go to border control, tell them you're applying for a TN, hand them a copy of your identification, resume, credentials, and offer letter. Then you wait for a couple of hours while they process you, and you're set for the next few years. Rinse and repeat until your job sponsors you for an H1-B or you marry an American citizen and can apply for a Green Card. Of course, there's other ways - talk to an immigration lawyer - but that's the simplest.

notevenremotely 2y ago
You can apply for a Green Card directly from TN status, although timing has been an issue recently.
- wk_end 2y ago
  Not a lawyer, but isn't that kind of dicey? The TN is non-immigration and temporary - it's not supposed to be used if you have any intention of permanently migrating. I'd worry about it putting your TN status in jeopardy.
  - notevenremotely 2y ago
    H1-B is non-immigrant and temporary. L1 is non-immigrant and temporary. Going from TN to an immigrant visa via AOS is only risky in the sense that: - After you've filed your i485 you will no longer be able to get TN status, this applies regardless of your non-immigrant status. - You can't travel abroad between filing the i485 and receiving AP, which could be 6+ months. On the plus side you get a Green Card and don't have to play the H1-B lottery.
    - wk_end 2y ago
      H1-B and L-1 are both dual intent [0]. TN isn't. [0] https://en.wikipedia.org/wiki/Dual_intent https://en.wikipedia.org/wiki/Dual_intent
      - notevenremotely 2y ago
        True but that doesn't really impact your ability to apply for a Green Card from TN. You have to wait 91 days [0] since your last entry before making an adjustment of status application. [0] https://www.boundless.com/immigration-resources/90-day-rule-explained/ https://www.boundless.com/immigration-resources/90-day-rule-...
      - returningfory2 2y ago
        Every year thousands of people in statuses like F-1, O-1 and TN get employment based green cards. The idea that you have to be in H-1B or L-1 status to get an employment GC is simply 100% false.
      - 3vidence 2y ago
        +1 idk why I people keep saying that TN and H1B are the same. They are fundamentally different visas
        notevenremotely 2y ago
        Nobody is saying that. They are in the same category of non-immigrant visas.
        3vidence 2y ago
        They are categorically not, see the above comment on dual intent. You can get a TN visa cancelled for expressing desire to stay permanently
        notevenremotely 2y ago
        > They are categorically not, see the above comment on dual intent. They are. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/all-visa-categories.html https://travel.state.gov/content/travel/en/us-visas/visa-inf... > You can get a TN visa cancelled for expressing desire to stay permanently That is not true provided you follow the 90 day rule.

boringg 2y ago

Pro tip - its about to change so either move fast under current regs or wait.