TN Status Holders: Avoiding Preconceived Intent and Applying for LPR Status

TN Status Holders: Avoiding Preconceived Intent and Applying for LPR Status

TN Status Holders: Avoiding Preconceived Intent and Applying for LPR Status - Recording (CLE Included)
Recorded 07/09/2020
CLE Eligible Yes
Length 90 min.
Format Web Seminar
SKU WS2020-07-09-DL

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.

Featured Topics

  • 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


CLE Credit

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Danielle M. Rizzo (DL), AILA DOL Liaison Committee, Buffalo, NY
Danielle Rizzo is a Partner at Harris Beach PLLC in Buffalo, NY, and co-practice group leader of the firm’s Immigration Law Practice Group. She is immediate past Chair of the national AILA-CBP Liaison Committee, a current member of the AILA-DOL Liaison Committee and a former Chair of the Upstate NY Chapter of AILA. Dani focuses her practice on employment-based immigration and in particular on border issues.

Ramon E. Curiel, AILA Latin America and Caribbean Chapter Chair/CBP Liaison Committee Vice Chair, San Antonio, TX
Ramon E. Curiel is a partner at Oliva, Saks, Garcia & Curiel, L.L.P. in San Antonio, Texas, and has practiced immigration law for more than 20 years. He received his J.D. from Texas Tech University School of Law and an LL.M. in International Law from St. Mary’s University. He has served as the AILA (American Immigration Lawyers Association) Liaison for the San Antonio District Office of USCIS for eight years. He is currently the Chair of the Latin American and Caribbean Chapter of AILA and Vice Chair of the AILA National CBP Liaison Committee, and the local CBP Liaison for San Antonio. He is a past-chair of the International Law Section of the San Antonio Bar Association. He also served as a member of the Unauthorized Practice of Law Committee of the Supreme Court of Texas in San Antonio. He practices exclusively immigration law focused on business related cases with an emphasis on professionals, entrepreneurs and investors.

Audrea J. Golding, Santa Clara, CA
Audrea J. Golding is a Partner with Fragomen, Del Rey, Bernsen and Loewy, LLP and has worked in the firm's Los Angeles, Toronto and Silicon Valley offices. She is a former AILA-CBP Liaison for the Toronto Airport in Canada. Ms. Golding received her B.A. degree from McGill University in Montreal and her J.D. from Osgoode Hall Law School in Toronto, Canada.

Scott Railton, Bellingham, WA
Scott Railton practices at Cascadia Cross-Border Law in Bellingham, Washington, near the U.S.-Canada border. He is a past chair of the Washington State Chapter and a former AILA liaison for northwest ports of entry. Mr. Railton received his J.D. from the University of Washington (1998).

The speaker's/author's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author's experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.