Moving my family to the US is SO CONFUSING!

[irakon]

I think you're mistaken, Steven. We don't have a Canadian address anymore and all the forms showing our US address. From what I understood from lawyers, they've filed 2 types of docs on our behalf: 1) adjustment of status, so we can continue to be legally in the US once the TN/TD visa expires, while the green card application is processing, and 2) green card application.

[Reba]

Adjustment of Status is not possible from TN/TD status though. Is it?

[Steven]

I think you're mistaken, Steven. We don't have a Canadian address anymore and all the forms showing our US address. From what I understood from lawyers, they've filed 2 types of docs on our behalf: 1) adjustment of status, so we can continue to be legally in the US once the TN/TD visa expires, while the green card application is processing, and 2) green card application.

The official USCIS line is that because TN-1 comes from a NAFTA provision that talks about "temporary" employment, that it's not dual status and a person cannot seek LPR status from it because that means the person has immigrant intent.

However there is a similar situation with the marriage thing, where people go in as a visitor and then apply for AOS even though technically they were supposed to have non-immigrant intent.

Obviously you could be there on TN-1 and then your intent changes, depends on what USCIS thinks when they review the application.

I remember TNVisaExpert saying he had seen USCIS approve employment-based AOS for people in TN-1 on occasion, but the usual advice is to use a Canadian address or change status to something that does allow for immigrant intent like H-1B first.

PM TNVisaExpert because he will be in a better position to comment on it.