No Foreign Residence Requirement for TNs, but Helpful to Alleviate Immigrant Intent
Question: I have been told that for me to qualify for a TN-1 visa, I will have to prove that I have an address in Canada. Is this true? Will having a permanent address in another country suffice?
Answer: Under the U.S. immigration laws and regulations, a foreign residence is not expressly required for TN applicants. However, this doesn’t stop border inspectors from incorrectly enforcing a foreign residency requirement on TN applicants. This then perpetuates the public’s perception that there is such a requirement for TNs. But there isn’t. Read more on the foreign residency requirement.
On the other hand, providing evidence that you maintain a residency abroad may help mitigate any potential allegations that you intend to immigrate permanently to the U.S. This is another charge often thrown about by border officers indiscriminately, but with some legitimacy. An applicant for a TN may not intend to immigrate permanently to the U.S. when entering the country under TN status. This rule does not prohibit a TN professional from applying for a green card. For example, a TN applicant may intend to obtain permanent residence at a future date. An applicant may receive a TN while processing for a green card he or she will obtain abroad at the U.S. consulate at a later date.