Questions

1. Question: My significant other has a TN visa. We want to marry. Can he adjust status?

Answer: Generally, yes.

TN status is for Canadian and Mexican persons engaged in activities at a professional level. Nonimmigrants, including TN visa holders, must represent that their stay in the United States is temporary.

Once a TN visa holder marries a United States Citizen, the TN status holder is eligible to Adjust Status to Permanent Resident Status (I-485). What this means is that the TN holder may remain in the United States while the processing of the I-485 continues.

However, it may be better to apply at the U.S. Embassy or Consulate for an immigrant visa. During the immigrant visa process, the beneficiary indicates intent to remain permanently in the United States.

2. Question: My parent is a Legal Permanent Resident Alien (green card holder). However, he/she is currently outside the United States and doesn’t want to travel to the United States anymore. Is this ok and can he/she still maintain Legal Permanent Residency?

Answer: Generally, no.

According to USCIS, in general, Legal Permanent Residents should not permanently move to another country or leave the U.S. for an extended period of time.

A Legal Permanent Resident Alien may lose their Legal Permanent Resident status if he/she cannot show his or her intent to permanently live in the U.S. or even leaves the U.S. for extended periods of time.

A Legal Permanent Resident who thinks that they may be out of the United States for more than 12 months should apply for a re-entry permit (Form I-331) before leaving the U.S. This permit is valid for up to two years.

Special note: Possession of a re-entry permit (or a green card for that matter) does not guarantee that you will be admitted to the U.S. when you return.

Bottom line: If you stay outside of the U.S. for more than a year and didn’t apply for re-entry, you may be considered to have “abandoned” your Legal Permanent Residency. As a result, you may be referred to an Immigration Judge to decided whether or not you have abandoned your status.