Green card question

I have a little bit of a complicated situation that I'm trying to figure out. I'm currently on a TN visa and my wife and son are on TD visas. My wife is going to be changing to an H1B visa soon and I will still be on a TN visa and we were thinking of leaving my son on a TD visa.

My wifes future employer has said that they will be willing to sponser her for a GC. What are the consequences to me being on a TN visa and my son being on a TD visa? Would it be possible for the petition to be filed for me and my son at the same time?

My understanding is that if a person were on a H1B visa and the spouse and child were on H4 status than the petition would cover the entire family. Is this still the case if each person is on a different type of work visa?

Thanks

You would of course change your child's status to H4, as this is a better status than TD in terms of GC process.

Your TN status is tricky, in that once you submit I-485 (which would be submitted either in conjunction with, or slightly after your spouse would file her I-485) you will no longer be able to renew TN, or enter US on existing TN.

This situation is analogous to the one where YOU, the TN holder, would be directly applying for GC. In such cases, the TN-holder ensures that they have sufficient time remaining on TN (typically 5-6 months) before filieng I-485, and they file I-765 and I-131 at same time, and remain in US, working in TN status, until they I-765 (EAD) and I-131 (AP) are approved before venturing outside US.

You will then switch your work authorization to the EAD, and make sure you keep the EAD and AP current (ie. renewed before expiry).

The only wrinkle in your situation is that your wife MUST inform her firm's lawyer that you are on TN, and that before filing I-485 for you, that you have taken care of your TN timing issues.

It isn't so critical that your child do anything right now, so long as at some point before his I-485 is filed, he switch to H4.

But, be assured, that one can indeed migrate from TN to EAD to GC, so long as one remembers to have sufficient TN time remaining in order to stay i nUS and In TN status during the 4-5 months it takes to get EAD and AP approved. One does not have to go directly from TN to GC.

-- Wed Jan 06, 2010 3:49 pm --

... and just to clarify, each person applies for GC individually: your wife's firm sponsors her, and simultaneously, her dependants apply based on her GC process.

Okay. That helps. The one thing I'm still confused about though is that if my wifes employer is sponsoring her for a green card can I also fall under that process as a dependent (even though I'm on a TN visa) or do I need my employer to also sponser me for a green card. The reason I'm confused is that a TN visa is not a dependent visa.

I already answered that: Yes.

Her company is not sponsoring you; she is. She can sponsor you regardless of what status you have.

-- Wed Jan 06, 2010 9:50 pm --

I already answered that: Yes.

Her company is not sponsoring you; she is. She can sponsor you regardless of what status you have.

Okay. Thanks. I just wanted to make sure I understood correctly.

Get advice from a US immigration expert, this sounds like a complicated situation.

There will be a lawyer filing the applications for the family.