Transitioning from TN Status to Green Card Holder for Canadian Citizens

The TN (Trade NAFTA) Status was created under the 1994 North American Free Trade Agreement (NAFTA) and allows Canadian and Mexicans to work professionally in the U.S. without a visa. Many non-immigrant Canadians maintain their TN status by indicating a desire to eventually return to Canada. However, if a Canadian citizen decides that he or she wishes to live in the U.S., the non-immigrant Canadian may transition from their TN status to that of a green card holder.

Steps to Transition from TN Status to Green Card Holder

Non-immigrant workers in the U.S. sometimes decide that they want to remain as permanent residents in the U.S. In this case, the Canadian citizen will need to adjust or transition their status to a green card holder. Below are forms contained in an Adjustment of Status (AOS) packet the petitioner will need to complete along with accompanying documents:

I-485 Adjustment of Status

1. Copy of petitioner's passport bio page
2. Copy of birth certificate
3. Copy of both sides of Form I-94 (Arrival-Departure Record)
4. 2 passport photos of petitioner
5. Copy of marriage certificate (if applicable)
6. Form G-325 (Biographical Information) along with 2 passport photos of petitioner
7. Form I-693 (Medical Examination and Vaccination Report)

I-130 Petition for Alien Relative

1. Petitioner's birth certificate
2. Spouse's full passport
3. G-325a (Biographic information for spouse) along with 2 passport photos of spouse
4. G-325a Biographic information for petitioner along with 2 passport photos of petitioner
5. Documentary evidence of a bona fide marriage (marriage certificate, lease, joint bank account, etc)

I-131 Advance Parole

1. Copy of petitioner's passport bio page
2. Copy of Form I-94 (both sides)
3. 2 passport photos of petitioner

I-765 Employment Authorization Document

1. Copy of petitioner's passport bio page
2. Copy of Form I-94 (both sides)
3. 2 passport photos of petitioner

Explanation of Forms

Form I-485 is the official application to change a status from TN to GreenCard. Form I-130 is a petition to receive a green card and provides an alien number to the petitioner. The I-131 allows the petitioner to travel. Form I-765 allows the petitioner to work while awaiting the green card.

Upon submission of the paperwork, the Canadian petitioner's status changes from TN to "Pending." The Canadian citizen is still allowed to work un the TN status until and Employment Authorization Document (EAD) is received. Under the EAD designation, the Canadian non-immigrant is no longer under a company's sponsorship.

Also, when a petition submits the AOS paperwork, he or she is no longer able to leave the country or the petitioner risks the application being dropped. Form I-131 (Advance Parole) allows the Canadian petitioner allowed to leave the country without his or her application.  After the applications are submitted, it takes about 90 days to process.

Find an Attorney

If you are a non-immigrant Canadian working in the U.S. on a TN status and you wish to transition to a green card holder, you can fill out the requisite forms to start the process. Consult an immigration attorney to determine what other steps you need to take to become a green card holder.