TN Status Holders: Avoiding Preconceived Intent and Applying for LPR Status - Recording (.MP3)
2:00 PM (ET)
TN professionals must maintain bona fide nonimmigrant intent. Under the United States–Mexico–Canada Agreement (formerly NAFTA) regulations, a TN applicant cannot intend to establish permanent residence in the United States and must satisfy the inspecting officer that the proposed stay is temporary and has a finite end. How, then, is a TN status holder able to apply for adjustment of status (AOS)? Or can they? Our panel of experts will discuss the pros and cons for TN status holders who seek to apply for AOS, and how to avoid a finding of fraud or "pre-conceived" intent.
- Which Issues Arise When a Sponsoring Employer Files Either a PERM Application or the I-140 Petition on the TN's Behalf?
- When Is It Permissible for a TN to Have Future Immigrant Intent?
- Should TNs Only Pursue the Green Card Through Immigrant Visa Consular Processing and Refrain from Applying for AOS?
- When the TN Chooses to Remain in the United States Permanently and Files an AOS Application: Best Practices to Avoid a Finding of Fraud or "Pre-Conceived Intent" Under INA §212(a)(6)(C)
- Overcoming a Potential Finding of Willful Misrepresentation Under USCIS Policy Manual, Vol. 8, Part J, Ch. 3 (A)(3), Where a TN Files for AOS Shortly After Admission to the United States
- The Impact of COVID-19 on TN Status Holders
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