Can I change my nonimmigrant status to TN visa status?
If you are a citizen of Canada and in the U.S. lawfully you may file a petition to change your nonimmigrant status to TN-1 visa status. If you are a Mexican professional in the U.S. on a nonimmigrant visa, and you qualify for a TN visa, you may petition the USCIS to change your status to a TN-2 visa.
Filing a change of status application while in the U.S. requires a filing fee to be paid to the U.S. government and involves filing and wait times and we encourage Canadian citizens to just return to Canada and file for TN status at the border port of entry as it can be cheaper and easier. Mexican professionals, however, cannot apply for TN status at the port of entry and if an individual wants to change status from a B-2 to TN, he or she must file an application with USCIS.
TN visas can be completed and we strongly encourage that you consult with an experienced immigration lawyer prior to filing any application with USCIS. We offer a free consultation and have a high success rate with TN visas. Contact us now.
What are the requirements to change to TN visa status?
To change your nonimmigrant status, you must:
- be a citizen of Canada or Mexico;
- have been lawfully admitted into the U.S. as a nonimmigrant;
- have a non-expired I-94 card;
- remain in the U.S. while the change of status application is pending (can take up to 6 months);
- not have violated the conditions of your status;
- not have committed any crimes or other acts that would make you ineligible.
In order to change your nonimmigrant status to TN visa status, there cannot be a gap between the I-94 expiration date and the employment start date, otherwise this will result in a denial of your change of status application. For Mexican professionals, some individuals may find it more convenient to depart the U.S. and request a TN visa from the U.S. Consulate or Embassy in Mexico, rather than filing the petition in the U.S. and waiting.
There are less restrictions and it is a lot easier for professionals of Canada to obtain a TN visa. Contact our Los Angeles immigration attorney now for a FREE consultation.
How do I change my status to TN status?
Change of status for TN-1: Canadian Professionals
If you are a Canadian citizen and currently in the U.S. and wish to apply for TN-1 status and remain in the U.S., you must file an application with USCIS. You must submit all of the required documents along with the application. The appropriate fee must also be paid at the time of submission. Your I-94 must not be expired, otherwise you will need to return to Canada first.
Change of status for TN-2: Mexican Professionals
If you are a Mexican national who is seeking to change your status to TN-1, you must go through a change of status process in the U.S. or through consular processing. Remember that you must receive a visa stamp on your passport first before starting the process. You must file your COS application with the USCIS and submit all of the required documents along with the application. The appropriate fee must also be paid at the time of submission.
If you decide to apply through consular processing at U.S. consulate in Mexico, you must still file your petition with the USCIS. You will receive your visa stamp on your passport after your application is approved and enter the United States on your new TN-2 status visa.
Our immigration attorneys, located in Los Angeles, California, have successfully helped hundreds of Canadian and Mexican professionals obtain TN Visas as well as TD visas for their spouse and children. Our lawyers offer a free immigration consultation and can help you today.