Can Canadian commuting to work in US apply for US green card

I live in Canada and am a Canadian Citizen, and work in Buffalo on a TN Visa, and commute daily. Can I apply for US green card?

The TN-1 doesn't really have much to do with anything, because you would be applying from outside the US as you don't live there, so you would have to fall into another immigration category that allows you to apply for permanent residency, whether it be family reunification or work-related.

If you plan on living in Canada and commuting, you wouldn't qualify for permanent residency.

The TN visa is not a dual intent visa. Unless your current employer intends to sponsor you for permanent residency (green card) then no, you cannot go from a TN to a green card.

can I apply for green card and living in Canada?

This is the main question.

The assumption is that my employer is willing to sponsor me and I will transfer to H1B. I don't want to move to US before I get the Green Card.

Two corrections, you can do the TN to green card, its been done successfully for years with careful planning and the use of consular processing.

And yes you can do a commuter green card. Instead of filing for adjustment, you consular process. We are doing one of these right now for a Canadian national who commutes daily to the U.S.

And don't do the H-1b, you don't need it.

Chris can you clarify for us please what you mean by consular process and "commuter green card"?

Where the immigrant visa is filed with USCIS (I-140 or I-130) and it is indicated on that form that the beneficiary will apply for consular (also called visa processing) processing at the Montreal U.S. Consulate. The IV application is sent to the National Visa Center for processing and then sent to the Consulate to process the immigrant visa. The beneficiary goes back to Canada for an immigrant visa interview (and medical exam) and re-enters the U.S. with a green card.

With a commuter green card, consular processing must be chosen because adjustment is only available to those who reside in the U.S. The consular processing beneficiary notifies Montreal that he or she will commute. When the immigrant visa is issued that person also notifies CBP that he or she will commute and will be issued a green card (I-551) with commuter status.

But you can't meet the residency requirement to keep permanent residence status unless you reside there, that was the point I was making.

My thoughts exactly Steven. I have a friend who got a 2 year green card but because of family obligations still in Canada has yet to be able to move to hte US. Her residecy intentions come into question all the time. And she may not be able to remove conditions to get the 10 year card based on her intnetional non-residence.

Plus, the processing timelines for immigrant visas in Montreal is about a year (give or take a month or two). If the TN visa expires in that time, then can they renew until the green card petition is completed, or are they stuck in Canada without a job?

Who is the sponsor in this scenario? The I-140 seems fairly specific about outstanding abilities and knowledge that can't be found already in the US; and the I-130 is a petition by family member only.


wx1234, I've linked the instructions here to both of those petitions mentioned by Christopher so that you can read them for yourself. I'd suggest you speak with a knowledgeable immigration lawyer about what your options are. Perhaps your employer already has one on retainer and can advise as to what your employer is prepared to do for you, if anything.

No you don't need to reside in the U.S., commuting is enough.