TN to Green Card
Canadian and Mexican professionals under USMCA
TN is a non-immigrant visa. You're supposed to maintain ties to your home country and have no intent to stay permanently. Applying for a green card shows permanent intent, which creates a conflict.
This conflict is called "dual intent" and it's the main complication for TN holders pursuing green cards. The good news: thousands of people do it successfully every year.
Why dual intent matters
CBP officers at the border have discretion. If they see evidence of immigrant intent (pending green card paperwork), they might question whether you still qualify for TN status. This matters when:
- • Renewing TN at a port of entry or consulate
- • Re-entering the US after international travel
- • Applying for TN extension within the US (lower risk, but still possible)
The legal standard is whether you have present intent to abandon your TN status. Having a green card application in progress doesn't automatically disqualify you, but it can raise questions.
Two approaches
Stay on TN
Start the green card process while on TN. Minimize border crossings until you file I-485 and get Advance Parole.
Works well for people who rarely travel internationally.
Switch to H-1B
H-1B allows dual intent explicitly. No conflict with green card applications.
Requires lottery win or cap-exempt employer (universities, research).
Intent at each stage
- PERM and I-140: These are employer filings. Having them pending or approved doesn't mean you've committed to staying. Lower risk.
- I-485: Filing adjustment of status is a clear statement of immigrant intent. After this point, get Advance Parole before any international travel.
The process
Same process as any employer-sponsored case. Your employer handles the labor certification.
Most employers pay for premium processing.
File when your priority date is current.
Travel after I-485
Once you file I-485, don't leave the US without Advance Parole (AP). Returning on AP abandons your TN status. You become a "parolee" for the duration of your adjustment application.
This is different from H-1B holders, who can choose to re-enter on their H-1B or AP. TN holders don't have that option.
TD dependents face the same situation. They should also apply for AP if they need to travel.
If something goes wrong
If your TN renewal is denied at the border due to suspected immigrant intent, you may be able to apply for TN extension from within the US using Form I-129. This avoids the border crossing issue.
If your green card is denied while you're on AP (not TN), you'll need to leave the US or find another status.
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