Questions for Those who work in US under TN

mcleanl · Aug 23, 2006

mmr2...I have worked all over the US with a TN visa and have never encountered a problem. I don't think hospitals care if you have a TN visa or not. I am a green card holder now (and temporarily back in Canada) but the only thing that the hospital is required to do is write a letter confirming employment.

In my experience green cards can be difficult to obtain and TN visa's are hard to maintain. Let me explain. I married an American citizen in 1998 and immediately applied for my green card. In the summer of 2000 we went for our official interview with immigration and I was granted a green card that was good for 2 years only. I had to reapply after two years and then we had to go through another interview process. I was then given a I-751 and my resident card was extended for a year. I had to reapply again when the year was up and finally in 2005 I received my green card (which is only good for ten years).

Like I said I haven't had a TN since 1998 but they were very frustrating. Mine was renewable every 6 months.....it was a never ending cycle of paper work. If you lived near a border town it wasn't so bad you could renew if you left the country otherwise you had to send it in every 6 months. I hope things have changed.

The other issue I would like to mention is dealing with US immigration. My husband, who is an American citizen, was outraged at how we were treated at immigration. You have to stand in very long lines and wait in filthy dirty waiting rooms for sometimes hours. You can't bring anything to eat or drink with you and sometimes the closest immigration centers are hours away. It can be very frustrating. I love the US and I wouldn't trade my life there for anything but I can honestly say that dealing with US immigration and all that entails can be very stressful. I did have to apply for a permit to leave the US (since my husbands company transferred us back to Canada). I hired a lawyer for that to make it easier on myself. It cost $685 to file an I-131 that is good for only 2 years.....so the lawyer option can be very expensive....and don't forget that the greencards they are giving out now are only good for 2 years.

Best of luck to you.....

lalaxton · Aug 24, 2006

I went to the US in 1989 when the TN visas started. We eventually obtained our green cards. I was never told that it had a time limit on it. We had our green cards for over 5 years then applied for US citizenship. My cousin has had his green card over 8 years and never had to renew. I am not married to a US citizen so maybe mclean's situation is different. Yes dealing with US immigration is a pain! long waiting lines, rude personell who have no desire to help you figure things out. We used an immigration lawyer to get our green card and saved ourselves a world of trouble! Worth every penny...

suzanne4, RN · Aug 24, 2006

TN Visas are now good for one year and need to be renewed. You need to have a letter from an employer as well as a Visa Screen Certificate to get the TN Visa. They are issued immediately at the border crossing with just those two items.

It is very easy to begin the petition process for the green card, if you are an RN.

The issues for the other posted above was that it was a family-driven green card and not employer driven. Huge difference as far as immigration goes in the US. RNs are currently expedited.

mcleanl · Aug 24, 2006

Suzanne,

this is so interesting to me. If I had of applied for a greencard based on my occupation I would of had an easier time of getting it? I wonder why nobody mentioned it to me because obviously I had to petition for it from within the US. The system can be so confusing. I am thinking back to the time I applied and I can honestly say that it never occurred to me that I could apply for a green card before I was married. Glad to see the TN's are back to being good for a year and in my last line I posted green cards are good for 2 years, I meant to put 10 years. My first was good for 2 years only because they issued it before the 2nd anniversary of my marriage.

suzanne4, RN · Aug 24, 2006

Not sure when you actually applied for it, but over the past couple of years the green card has been expedited for RNs. If you notice there are no longer any temporary work visas issued to RNs, other than the TN Visa which is part of the NAFTA Treaty with the US, Mexico, and Canada (for those of you not from this area.)

Just looked to when you applied; back then they were not fast, now they are. And much faster employer-driven, rather than family or spouse driven.

:nuke:

mahalo · Aug 31, 2006

Suzanne!

How are you. I don't know if you remember me, but about a year ago became a member of this forum, and you provided me with very useful and timely information. Thank you!

I have another question for you:

I passed the NCLEX in April, and I have a full valid, unrestricted RN license for Michigan.

Now I am ready to apply for the VisaScreen. I checked on the CGFNS website, and there is something new, called a Certified Statement 212®.

This seems to be a quick version of the VisaScreen, only for RNs who were educated in English and who have a license in certain states, including MI.

I have checked the US Immigration websites, but do not find any info on this new procedure. According to CGFNS this statement together with an employment letter should be enough to get a TN.

Do you have any info on that?

And also regarding TN transition to Green Card. You mention there is a fast track for RNs (employment based). What is the approximate time frame, plus is it true that spouses do get a work visa as soon as we all file for a green card?

Thanks again very much for your insight.

Sincerely,

Mahalo

suzanne4, RN · Aug 31, 2006

Not sure about the Certified Statement and what CGFNS has come up with. It does not pertain to most nurses here.

The issue right now is that the I-140 and I-485 are going to be put on hold by immigration as soon as the current visas are gone, in the next month or two. During that time, no petitions will be accepted, at least to start with.

Once a pettion is submitted, it normally takes at least six weeks on average to get the EAD, and you need that to work, or at least the spouse does.

spirit11 · Nov 13, 2006

I suzanne, I was told by a lawyer that it is bad for a nurse that comes to the U.S on a TN to then petition for a green card. She said that a TN means that you will return to canada. So if you then petition for the Green Card you have made a false declaration. How long should a TN holder wait before asking a employer to start the process for the Green card ? Is the TN holder really making a false declaration? Is this reason for denial of the green card? :confused:

Thanks

RADONC-RN · Dec 12, 2006

I have worked in the US under yearly TN Visas for 14 yrs. After the tenth yr INS advised me to apply for my Green Card since TN Visa's are temporary. It took me five yrs to get my green card only due to a bad immigration lawyer and CGFNS constantly losing my paperwork. Once I received my certificate from CGFNS , I got my green card with in four months, no questions asked. My main problem were the people at CGFNS.

EFAN · Sep 27, 2007

I suzanne, I was told by a lawyer that it is bad for a nurse that comes to the U.S on a TN to then petition for a green card. She said that a TN means that you will return to canada. So if you then petition for the Green Card you have made a false declaration. How long should a TN holder wait before asking a employer to start the process for the Green card ? Is the TN holder really making a false declaration? Is this reason for denial of the green card?
Thanks

Suzanne I too wonder about this....with the whole false declaration issue. That would totally stress me out. So while we are petitioning for a Greencard...does that mean we have to go back to Canada to work while it is processing?