|Green Card||Case Info.|
|Case History / Issues:||Applicant was a Canadian citizen, and held TN visa status. Applicant was married to a U.S. citizen.|
|Strategy:||Reviewed case to ensure no preconceived intent issues, or potential employment gap or travel issues. Determined applicant was a good candidate for Adjustment of Status.|
|Filing Process:||I-130 / I-485 application @ USCIS|
|Biometrics Scheduled:||Sept. 2013. Applicant moved requiring transfer of file to different USCIS office. Biometrics were required again in April 2014.|
|Employment Authorization / Travel Card Issued:||Oct. 2013.|
|Interview Date:||Sept. 2014 at USCIS' Los Angeles, CA local office.|
|Green Card Received:||Sept. 2014|
|Processing Time:||Approx. 14 months (delayed due to change in address / transfer to different USCIS office)|
TN Visa Articles
|TN Visa||Case Info.|
|Background:||Citizen of Canada.|
|TN Category:||Scientific Technician - Engineering|
|Job title / duties:||Help develop, implement, and improve the company’s plastic container manufacturing equipment and processes. Also responsible for creating detailed technical manuals, and developing training packages for the new equipment.|
One challenge here was establishing to USCBP that these training duties were permissible under the TN visa classification. We cited the TN regulations, 8 CFR 214.6 fn 1, which permits training functions under the TN, and provided research confirming that Engineering Technicians may perform such training functions.
|Background:||15 years of experience in the field, and 1 year training program in Process Engineering.|
|Filing Process:||TN visa status application @ USCBP - Peace Bridge, POE|
|Processing time:||Approved same day filed|
|Approval period:||3 years|
Question: I would like to know if I can stay two months out of the United States. I have a TD visa and my dad has a TN visa. I would be the only member of the family traveling.
Reply: As long as your dad continues to maintain his TN visa status (i.e. is still working for his TN employer), you may continue to travel and re-enter the U.S. for the duration of your TD I-94 record. If you are not a citizen of Canada, then generally you will also require an unexpired TD visa stamp in your passport to re-enter the U.S.
If you will be out of the U.S. for an extended period of time, when seeking re-entry to the U.S. it may be beneficial to have (1) your original birth certificate plus any needed translation; (2) a copy of your dad's TN visa support letter; and (3) copies of your dad’s recent pay stubs as proof of his maintenance of TN status.