Filing the I-130 Petition
Filing an I-130 Petition On Behalf of TN Visa Worker
A U.S. citizen may sponsor a foreign citizen spouse for lawful permanent resident status (a “green card”). The foreign citizen spouse may reside outside the U.S. or may be present within the U.S. under a valid non-immigrant status such as H-1B or TN visa status.
The process of sponsoring a spouse for a green card generally begins with the filing of a Form I-130, Petition for Alien Relative for an “immediate relative.” Under the Immediate Relative classification, the petition is not subject to the annual numerical limitations applicable to the other family-based green card categories like the First through Fourth preference categories.
This means that the petition may move from the first step of the process (I-130) to the second step without interruption due to immigrant visa number backlogs. The second step may involve filing for Adjustment of Status (may file concurrently with I-130 petition) or Immigrant Visa Processing.