US immigration enroute Canada PR and what you should learn about it

How to migrate to the US via a Canadian PR

People who get Canada PR can in time apply for citizenship. That’s possible if they have been living in Canada for a minimum of 3 years (i.e.,1095 days) within the 5 years before the application for citizenship is submitted. After attaining citizenship, they can move to the USA using the TN1 visa in case they have a valid job offer. This job offer will be in one of the occupations deemed eligible by a US employer. TN1 visa is issued for 3 years. It’s renewable as well. There’s no limit to how many times it can be renewed.

TN visa (The non-immigrant NAFTA Professional visa) applicants can bring their spouse and children (aged below 21 years) to the USA as long as the TN visa has validity. Dependent family members of the main applicant can file an application for a TD visa. If that application gets approval, the dependents get an I-94 record which states how long they will stay in the USA. This is usually as much as a TN visa holder stays.

Holders of TD visas aren’t eligible to work in USA. However, they can study at institutions in the US without filing an application for a student visa. The duration of stay can be stretched if the dependents possess a valid passport that has validity beyond their period of stay. It’s also necessary that the applicants have neither violated the terms of staying in the USA nor have committed a crime. The application process for an extension has to be initiated in advance of 45 days before the expiry of the I-94 record.

Eligibility requirements

The dependents have to demonstrate their relationship with the holder of the TN visa by providing the documents listed below:

  • Birth certificate and marriage certificate (copies and originals)
  • Valid passports of every applicant
  • Proof of wedding ceremony viz. guest list, photos, etc.

The holder of the TN visa has to also provide the following documents:

  • Passport copy with an I-94 that’s valid
  • Recent pay stubs and letters from the employer in the US
  • Copy of job offer or letter of employment from the employer in the US

Process of Application

Citizens of Canada don’t require a travel visa to go to the USA. Dependents can place an application for a TD visa when they reach a port of entry. But the primary applicant files the application for a TN visa.

It’s necessary that all applicants prove that they are Canadian citizens. They must showcase valid passports. Dependent children below the age of 16 years have to give a birth certificate or a Canadian citizenship card. The advantage is that there are no caps set annually for the number of applications under this visa category. Moreover, the application fee is very low.

Apply for a US green card holing a TN1 visa

  • TN1 visa isn’t a dual intent visa, meaning you shouldn’t apply for a green card while holding this visa.
  • If you want to apply for a US green card, change your category of visa to a non-immigrant one like L1 and H1, which are dual intent visas.
  • Another option is to return to Canada and apply for a US green card while being a citizen of Canada. Then, the processing of your application will be done according to the priority date.

As an exception, US citizens born in Canada can apply for a green card by giving proof of their family lineage.

If you are looking to Study, Work, Visit, Invest, or Migrate to USA, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

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