Can You Apply for NIW EB-2 and Get a Green Card While on TD/TN Visa?
Yes, you can certainly apply for a National Interest Waiver (NIW) under the EB-2 category and potentially obtain a green card while on a TN or TD (Trade-Designated) visa. However, there are important considerations you must take into account to ensure the process goes as smoothly as possible.
Remaining in Status
One of the crucial prerequisites for applying for a green card under the NIW program is maintaining your current visa status. If you are on a TN or TD visa, it is essential to remain in status to avoid any disruptions to your application process. The immigration authorities will not grant a green card if your visa status is expired or if you have been out of status for an extended period. Therefore, it is advisable to renew your TN or TD visa before the current one expires to ensure uninterrupted status and facilitate the green card application process.
Addressing Quotas and Wait Times
The length of the wait for a green card can vary significantly depending on your country of origin. For instance, if you are an Indian citizen and have become a Canadian citizen, you may face a more extended wait time due to the Indian quota. The U.S. Department of State maintains a Visa Bulletin, which updates monthly, indicating the visa availability and wait times for different nationality categories. It is crucial to stay informed about these updates and consult with an immigration attorney to understand the specific impact on your application timeline.
Consulting with an Immigration Attorney
To increase your chances of approval for the NIW EB-2 category, it is highly recommended that you work with an experienced immigration attorney. They can guide you through the complex process, help you determine if you meet the eligibility criteria, and ensure that your application is complete and well-documented. An attorney can provide valuable insights into both the procedural and substantive aspects of the application, increasing the likelihood of a successful outcome.
Complications with Timing and Dual Intent Status
Another critical aspect you should consider is the timing of your application. TN and TD visas are non-immigrant statuses, and the "Dual Intent Doctrine" does not apply to these types of visas. This means that once your TN or TD status ends, you may not be able to return to the United States, especially if your application for a green card is pending. It is essential to plan your application process carefully, considering the potential expiration of your current visa status.
Plan for Your Future
Your application for a green card under the NIW EB-2 category is a significant step in your career and personal life. To ensure that you have the best chances of success, you should consult with a qualified immigration attorney to discuss all the options available to you. Attorney consultation can help you address complex legal issues, provide tailored advice, and ensure that you make informed decisions about your future in the United States.
Conclusion
In summary, while it is possible to apply for a green card under the NIW EB-2 category while on a TN or TD visa, attention to detail and consulting with a competent immigration attorney are essential. The process can be lengthy and complex, so thorough preparation and timely action are crucial.