Want to join my girlfriend living in the US and need advice.

[CSEW]

I've been reading through the forums and the information here is very helpful, even if what I'm reading is scaring the pants off of me.

I am a Canadian/UK citizen living in Canada and am looking to move to the US to join my long-time girlfriend. Marriage right now is not an option (she wants us to live together first to see if we can sustain our relationship once we're in the same city).

I was looking to move there on a TN visa, as I am a Computer Systems Analyst, but now I'm not sure if that is the best way to go as my intent would be to stay permanently and I have no intention of lying to the US customs officials.
Before I started looking more closely into immigration to the US, I also paid a company to apply for the Green Card lottery on my behalf. They would enter me this year for 2009. I'm not sure about the legitimacy of these companies and was wondering if this will have any effect on any potential future applications as well, especially if the TN visa is my only option to proceed within the next while.

Sorry for the long post. Any help would be appreciated. Thanks.

[Reba]

Well, Canadians are definitely NOT eligible for the green card lottery, UK has been eliminated as well, except for Northern Ireland. So unless you're originally from Northern Ireland, you're not eligible. You'll have to find some other route unfortunatey.

[CSEW]

Thanks for you quick reply. As far as I was told, I should be eligible as I was born in Austria, even though I'm not an Austrian citizen. If that is the case, what would you suggest? Thanks.

[Reba]

Here's a website that has the requirements:

http://www.green-card-lottery.org/requirements.html

I don't know if you are no longer a citizen of Austria but born there if you are eligible or not.

[Steven]

The DV lottery is pointless for British citizens of any stripe pretty much, even if you are from Northern Ireland, because the number of available visas is very small.

In addition I'm certain it will be abolished when the immigration reform bill finally (if it ever does) goes through Congress, so by the time the next lottery is due there won't be one anymore.

To me it does sound as though you have non-immigrant intent because you don't sound sure you will stay permanently. USCIS may not see it that way though.

Yeah, a lot of these companies that offer DV are crooked, but the really good ones are so crooked they know how to get them. I know people who got these visas and I'm sure the company they used bribed consular officials, but I can't prove it. Just seems odd that everyone who used one of these companies in a certain country (that went bankrupt recently) got a visa and hardly anyone else did. Hmm.

Which I think may be the underlying reason they're scrapping it, people at the State Dept. are suspicious, but the "official" reason is that the US wants to move towards a more employment-based immigration system instead of family and ethnic-based.

[CSEW]

Just a quick note. I was reading through the requirements and it looks like I do qualify. Regardles of current nationality, country of birth determines eligibility. So I'm crossing my fingers that there is light at the end of the tunnel.

so now all I have to worry about is what Steven was saying. It looks like my chances are wafer thin. so I'm going to keep looking for alternatives.

What is the general concensus on TN visas? For someone who is looking to stay in the US for a long period of time, is it a good option or a last resort?

[Steven]

I think entering any country with any sort of temporary work permission has problems. The name itself tells you: "work permit". I.e. it's a permit, so it's temporary, and it's tied to your work. So if you get ill, get laid off, the company goes bust, you can't renew it, etc. you are stuffed.

The problem with TN-1 is that you cannot have immigrant intent as is the case with almost every other category, i.e. it's not dual-status, which means you have to maintain non-immigrant intent.

It is however far easier to get (if you qualify) from a bureaucratic standpoint than any other work category. And although it's not dual-intent you can adjust status to other non-immigrant categories and you can do AOS if you get married, provided they believe you had non-immigrant intent when you entered.

Initially now they can be valid for up to three years, so I wouldn't worry about that one too much, the real question is whether you can manage to keep the job for three years in this economy.