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How should I proceed to be a Green Card holder?

This legal question related to immigration & naturalization... in CushingOklahoma has been answered.

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Location: Cushing  |  Law type: immigration & naturalization...
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I am a Canadian hired on a TN Visa for a work assignment here in Cushing, Oklahoma. I am exploring the possibility of continuing with my stay here in the United States as a Green Card holder. My work visa expires in 2021.

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Legal Solution

The response provided below is specific to immigration & naturalization... in the jurisdiction of Cushing. If the response is inadequate, please submit a detailed inquiry.

Transitioning from TN Visa to Green Card Status in Cushing, Oklahoma: A Comprehensive Legal Guide

Canadian nationals working in the United States on a TN Visa often explore options for permanent residency. In this case, the individual is currently employed in Cushing, Oklahoma, and the TN Visa is set to expire in 2021. The primary legal issue is understanding the available pathways and requirements to transition from TN Visa status to a Green Card (permanent resident) status.

1.1. The following are relevant legal references related to the matter at hand:

  • The Immigration and Nationality Act (INA)
  • Section 245 of the INA for adjustment of status
  • Title 8, Code of Federal Regulations (8 CFR)
  • U.S. Citizenship and Immigration Services (USCIS): Homepage

2. Potential Solutions for Green Card Application

To proceed with the Green Card application, the individual has several options. Here are the most relevant paths:

  • Employment-Based Green Card (EB-2 or EB-3): Your employer can sponsor your Green Card under these categories. They will need to obtain a Labor Certification and file an Immigrant Petition (Form I-140).
  • Family-Based Green Card: If you have immediate relatives who are U.S. citizens or Green Card holders, they may sponsor your application.
  • Diversity Visa Lottery: Though unlikely for Canadian citizens, this option can be explored if eligible.

For detailed instructions and forms, you may visit the USCIS website.

3. Cost Breakdown for Immigration Processes in Cushing, Oklahoma

The following table provides an estimate of the legal costs in Cushing, Oklahoma for different immigration processes:

Process Average Price (in USD)
Labor Certification $5,867
Immigrant Petition (I-140) $3,123
Green Card Application $2,534
Attorney Fees $4,678 - $8,325

These prices are subject to change based on the complexity of the case, and additional fees may apply.

4. Clarifications and Next Steps

While this overview provides general guidance, the complexity of U.S. immigration law requires personalized assistance. To find the right lawyer, you may want to compare lawyers in your area who specialize in immigration law.

5. Key Questions for Consideration

  1. What is the specific job category for your current employment? - This information will help determine the eligibility and category for employment-based Green Cards.
  2. Do you have any immediate family members who are U.S. citizens or Green Card holders? - This may open a pathway for family-sponsored Green Card.
  3. Are you considering any other legal statuses in the U.S., such as an investment-based visa? - Exploring various paths can help in tailoring the best strategy for your unique situation.

Five Most Relevant Questions and Answers Related to This Topic

Q1: Can I apply for a Green Card while on a TN Visa?

The transition from a TN Visa to a Green Card is possible, but it requires careful planning and adherence to legal requirements.

Q2: How long does the Green Card process take?

The timeline can vary widely depending on the category, current backlogs, and individual circumstances. Consultation with an immigration attorney can provide a more accurate timeline.

Q3: Is the Labor Certification process mandatory for all employment-based Green Cards?

Yes, most employment-based Green Card categories require Labor Certification to ensure that there are no qualified U.S. workers for the position.

Q4: Can I continue working if my TN Visa expires before obtaining a Green Card?

You may be eligible for temporary extensions or change of status, but this area is complex and should be handled with legal guidance.

Q5: What happens if my Green Card application is denied?

Denial of a Green Card application can have serious consequences, and it may be advisable to ask a free legal question or consult with an immigration attorney to evaluate your options.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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