The TN visa allows qualified citizens of Canada and Mexico to work in the United States in specific professional roles. If you’re considering applying for a TN visa, you may have some common questions about the process. Here, we answer those frequently asked questions to help you navigate the process more easily.
If you’re an employer looking to sponsor a TN visa applicant, we have a dedicated FAQ guide just for you.
Common TN Visa Questions
1. Can I go to the United States on a visitor visa and apply for a TN visa while I’m in the U.S.?
Technically, you can enter the U.S. on a visitor visa and apply for a TN visa while in the country. However, this can be risky because U.S. immigration law typically doesn’t allow visitors to plan a change of status at the time of entry. While it’s not impossible, it could raise red flags with immigration authorities. All TN visa applications are processed through the Vermont USCIS office, regardless of where you apply from. So, it’s important to weigh the potential risks before deciding to do this.
2. I’m an IT contractor working with U.S.-based clients through a Canadian corporation. Can I sponsor myself for a TN visa, or would an L-1A visa be a better option if I want to expand my business into the U.S.?
For the TN visa, you must have an employer to sponsor you. You cannot sponsor yourself or have a controlling interest in the company that is sponsoring your TN visa. However, if you own your business and want to move it to the U.S., the L-1A visa might be a better option, but you’ll need to provide extra evidence that your business placement in the U.S. is temporary.
3. What happens if my TN visa application is denied by USCIS? Will I be banned from entering the U.S.?
If your TN visa is denied, it depends on the reason for the denial. If it’s due to fraud, this could impact your ability to apply for other U.S. visas or enter the country in the future. However, if the denial is because your job position didn’t qualify for the TN category, you can still apply for a TN visa again. You may face extra scrutiny in future applications, but with the right documentation and guidance, this can usually be resolved.
4. Is it a good idea to send my documents in advance before my TN visa appointment at the border?
For most U.S. entry points, you are not able to send documents ahead of your appointment. You will generally need to bring your documents with you when you arrive at the border. However, if you plan to cross through the Buffalo, New York port of entry, they now require you to upload your documents in advance and schedule an appointment. It’s a good idea to check the specific requirements for the port of entry you’ll be using. You can find more information about this on the U.S. Customs and Border Protection website.
5. Can I apply for a green card while on a TN visa if my spouse is a U.S. green card holder? Can I still travel for work while my green card application is in process?
While you can technically apply for a green card while on a TN visa, you won’t be able to extend your TN visa after you file your green card application. This is because the TN visa is not a “dual-intent” visa. Filing for a green card is considered evidence that you intend to stay permanently in the U.S., which makes your TN status invalid.
Once you file for a green card, you also cannot travel outside the U.S. while the application is pending. If you leave the U.S. while your green card application is being processed, your application may be considered abandoned. If you need to travel, you can apply for advance parole (travel authorization), but if you leave the country, you’ll be re-entered as an adjustment applicant, not under your TN status. This means you will lose your TN visa status.
6. I’m on a TN visa, and my husband is a U.S. citizen. What is the process for obtaining a green card through marriage?
If you’re on a TN visa and married to a U.S. citizen, you can apply for a green card based on your marriage. However, you should avoid applying for a green card within 90 days of entering the U.S. on a TN visa. Once you’ve entered legally, and you’re married to a U.S. citizen, you can apply for a green card.
To apply for a green card while in the U.S., you must meet these basic requirements:
- Lawful Entry: You must have entered the U.S. legally (with some exceptions).
- Qualifying Relationship: You must be married to a U.S. citizen, which qualifies you to receive an immigrant visa.
- Immigrant Visa Availability: For spouses of U.S. citizens, immigrant visas are always available.
- Admissibility: You must be admissible to the U.S. This means you don’t have any issues that would make you ineligible for a green card, such as a criminal history or previous immigration violations.
By meeting these criteria, you can apply for your green card through marriage and adjust your status while in the U.S.
