Applying for a green card while under TN visa status can not only be challenging, it can also have disasterous consequences if done haphazardly. Our office has extensive experience in assisting individuals through this process. From the initial assessment of eligibilty to the filing of the application to the green card interview, we guide our clients throughout the process.

 

INITIAL STEPS

After our office is retained, we will send the applicant (family-based applicants) or employer (employment-based applications) a detailed needs list requesting the information and documentation necessary to prepare the green card application. Following our receipt of the requested information, we then prepare the principal documents for the application.

APPLICATION PAPERWORK PREPARED

Our office will prepare the principal documents for the green card application. Our scope of work will depend on the type of green card sought (e.g. employment- vs. family-based).

For example, our work on employment-based green card applications may include:

  • Assistance with the labor certification process (PERM).
  • Preparation of the I-140 immigrant petition.
  • Preparation of the I-485 adjustment of status application, or the DS-260 immigrant visa application.

Our work on family-based green card applications may include:

  • Preparation of the I-130 immigrant petition.
  • Preparation of the I-864 affidavit of support.
  • Preparation of the I-485 adjustment of status application, or the DS-260 immigrant visa application.
  • Preparation of the I-751 petition to remove conditional resident status (when necessary).

At this time, we do not offer any service in-between the full TN to green card application service and a consult (e.g. the review of application paperwork prepared pro se).

SUPPORTING DOCUMENTS

Under the law (INA s. 291), all green card applicants must prove that they qualify for U.S. permanent residence status (i.e. a green card). As such, many green card applications require secondary materials to establish eligibility for a green card. Not having such support documentation may result in a denial.

All of our green card application packets contain a detailed, yet concise, cover letter to the immigration authorities (USCIS, or the Embassy/Consulate), which provides a summary of the case, applicable law, and illustrates how the applicant meets the requirements for a green card.

Our office also anticipates potential issues in complex cases (e.g. questions on eligibility or inadmissibility), and assembles the necessary supporting documentation to address these issues and establish eligibility for the green card. Some of the types of supporting materials we provide include:

  • Applicable laws, court decisions, regulations, government memos, or manuals.
  • Evidentiary materials such as applicant statements, affidavits, or expert opinion letters.
  • Secondary source materials discussing educational requirements or the parameters of particular occupations.
  • Legal briefs explaining how an individual qualifies for a green card based on the above.

APPLICANT BRIEFING

Once the green card application paperwork has been completed, in instances where the applicant must be interviewed by an immigration officer as part of the application process (e.g. family-based applications), our office will brief the applicant to prepare for his/her interview. This briefing includes guidance on the following:

  • Overview of the interview procedure.
  • Questions to expect, and potential issues.
  • Advice on how to effectively articulate eligibility for the green card.