Question: I am on a TN visa in the U.S. from Canada. Can my daughter, who is 21, sponsor us (me & my wife) for a Green Card? Can she do this while I'm under TN status? Or do we need to depart to Canada before she can sponsor us?
Answer: If your daughter is a U.S. citizen, she may file an immediate relative petition for you and your wife. The immediate relative category provides permanent resident status (green card) for the parents, spouses, and minor children of U.S. citizens. Unlike other family-based green card categories, no numerical limitation is placed on the number of immediate relatives of U.S. citizens who may become permanent residents in any one year. As result, there is never a waiting list for these types of green card applications. However, if your daughter is only a lawful permanent resident, she may not yet sponsor you for a green card until she obtains U.S. citizenship.
You may remain in the U.S. under TN status during the green card application process. Generally, the green card application should proceed through immigrant visa processing to mitigate the immigrant intent restriction prescribed for TN status. This process involves filing the I-130 immediate relative petition with USCIS, and then applying for immigrant visas at the U.S. consulate in Montreal.