Beaverquest

i got citizenship last year - i emigrated thru my cdn wife - like your case ;

i believe it also gives you easier access to work in da usa - thru north american trade agreement or similar

someone can hopefully verify that

iaink

I pointed that out upthread, but the problem with the NAFTA "TN1" visa is its not a permanent US visa, its good for three years only, and is a bit hit and miss for renewals, with no scope for appeal if refused, so not really a basis for a permanent move South.

MarylandNed

Right but it gets you in the door quite easily. During that time frame, you can hopefully convince your employer to sponsor you for PR in the US. There is the somewhat tricky concept of "dual intent" but that can be overcome and TN to PR is certainly possible.

http://www.visapro.com/Immigration-Articles/?a=968&z=48

http://www.tnvisabulletin.com/applyi...en-card-tn-st/

http://www.tnvisabulletin.com/nafta-...-to-tn-vi.html

Steve_

Dual intent is not an issue with TN-1, it's pretty much a myth. Your intent is only determined at the point you apply for AOS or an immigrant visa, the filing of an I-140 petition for you by your employer does not, because you have no control over it (unless of course you file it yourself for EB-1). As AOS only takes a few months all it really means is that you have to make sure there is say, six months left on your TN-1 before you apply. Which isn't a problem anymore because they can be valid for up to three years.

If you qualify for TN-1 (which means your occupation is on the list) it's far better than H-1B for example because it is subject to far fewer restrictions, for example you can work part-time on TN-1.

Steve_

In fact they have to let you in. But it is a big advantage. Another one is the tax situation because in tax treaties, citizenship is used as one of the tie-breaker tests, so if you are a dual-citizen you can use that to your advantage because it is then based to a greater degree on what you claim rather than what can be determined using a test.

Steve_

Not to dual UK/Canadian citizenship anyway.

MarylandNed

It most certainly is an issue. If it wasn't an issue, why are they considering expanding the concept of "dual intent" to the TN?

"Dual intent" does not currently apply to the TN which means that you have to satisfy the ADMITTING OFFICER that you intend to stay in the US temporarily. So your intent is probed by questioning and analysis right up front at the POE. If the admitting officer is not satisfied that you have established non-immigrant intent, you can be turned away. It happens.

It's a particular problem for people who are married to US citizens and who try to enter the US on a TN. US immigration officers are trained to recognize marriage to a US citizen as "prima facie" evidence that someone might intend to stay in the US.

iaink

Seeing as the thread has drifted, what are the education / work options for a Canadian or UK spouse and kids of someone moving to the US on a TN1?

MarylandNed

In short, spouse and kids don't have to be Canadian citizens, will enter under TD status, can't work, can study. More details here:

http://travel.state.gov/visa/temp/ty...es_1274.html#3

Of course the spouse has the option of obtaining work under their own TN (if they qualify) or some other visa.

I was eligible for TN but decided to go the H1B route instead because I was moving from the UK. The H1B just seemed a safer option for someone crossing the Atlantic. Unlike the TN, the H1B is a "dual intent" visa so you don't have to prove non-immigrant intent.