How Easy It is for Canada Pr Holders to Get Us Visa
Synopsis
The process is very straightforward. TN visa applicants can even bring their spouse and children (under 21) to the USA while the TN visa is valid. Dependent family members can apply for a TD visa. If the application is approved, the dependents receive an I-94 record stating their duration of stay in the USA, usually the same as that of the TN visa holder.
Ajay Sharma
President, Abhinav.com, Contributor Content
Sharma has been a Serial Entrepreneur. He is among the pioneers in Global Mobility in India since 1994. He is focused on providing immigration consulting for Startups, citizenship by investment, and residency by investment visas.
People who gain permanent residence in Canada can eventually apply for citizenship, provided they have been living in the country for at least three years (1095 days) within the five years preceding the citizenship application. Once citizenship is attained, they can move to the USA through the TN 1 visa if they have a valid job offer – in one of the eligible occupations - from a US employer. TN 1 visa is issued for three years and can be renewed. There is no limit to the number of times it can be renewed.
The process is very straightforward. TN visa applicants can even bring their spouse and children (under 21) to the USA while the TN visa is valid. Dependent family members can apply for a TD visa. If the application is approved, the dependents receive an I-94 record stating their duration of stay in the USA, usually the same as that of the TN visa holder.
Think you check all the immigration boxes? Find out
TD visa holders cannot work in the USA, but they can study at US institutions without applying for a student visa. The duration of stay can be extended, provided the dependents hold a valid passport that extends beyond their stay period, have not violated the terms of staying in the USA, and have not committed a crime. The process of applying for an extension should be initiated at least 45 days in advance before the I-94 record expires.
Eligibility requirements
The dependents must demonstrate their relationship with the TN visa holder by providing the
following documents:
- Birth and marriage certificates – originals and copies
- Wedding ceremony proof – photos, guest list, etc.
- Valid passports for all applicants
The TN visa holder also has to provide certain documents:
- Passport copy with a valid I-94
- Job offer or employment letter copy from the US employer
- Recent pay stubs and letters from the US employer
Application Process
Since Canadian citizens do not need a travel visa to enter the USA, dependents can apply for the TD visa at a port of entry. In contrast, the primary applicant applies for a TN visa. All applicants must prove their Canadian citizenship by showcasing valid passports. Dependent children under 16 years old have to provide a Canadian citizenship card or a birth certificate. The advantage is that there are no annual caps for the number of applications under this visa category and the application fee is very low.
Applying for a US green card while being on TN 1 visa
TN 1 visa is not a dual intent visa. That means that you should not make an application for a green card while being on this visa. However, you can apply for a US green card by changing your Visa category to another non-immigrant category like H-1 and L-1. They are dual intent visa categories.
So one could go on the TN 1 visa and get the employer to sponsor under the H-1 or L-1 visa. Another option is to move back to Canada and apply for a US green card while being a Canadian Citizen. In that case, your application will be processed as per the priority date.
There is an exception, though for American citizens born in Canada. They are permitted to apply for green card by proving their family lineage.
( Originally published on Jul 24, 2021 )
(Disclaimer: The opinions expressed in this column are that of the writer. The facts and opinions expressed here do not reflect the views of www.economictimes.com.)
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Source: https://m.economictimes.com/nri/migrate/the-path-into-the-united-states-via-a-canadian-pr-everything-you-need-to-know/articleshow/84699532.cms
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