TD Visa to AOS.

[Bern` 0]

Hey everyone!

Not sure if anyone has experience with this, but it never hurts to ask.

I have a friend who came down as a dependent in 2007 on her mothers TN visa. Therefore, she is currently under TD status. She has been in AOS limbo since 2008. Basically, does anyone know what else she can do, is she even allowed to apply for permant residence? She is also currently married to a server member.

If anyone has some insight, please share. Thank you!

[YuAndDan 153]

Here is what a Legal site has:

TD Visa Conversion To Permanent Immigration Possibility You can apply for adjustment of status and lawfully seek to become a legal permanent resident.

http://www.usimmigra...y-t1-holder.htm

OR:

Adjustment of Status from TN

Unlike H-1B, for example, TN is not a dual intent classification. This means that a TN nonimmigrant must maintain the intent to depart the U.S. at the conclusion of the approved TN employment and not to intend to establish permanent U.S. residence. Accordingly, TN nonimmigrants generally are not permitted to be intending beneficiaries of pending petitions for permanent residence while employed under a TN (or derivative dependent) classification and will not be approved for adjustment of status from TN (or TD) to permanent resident. Of course, eligible Canadians or Mexicans are not prohibited from changing from TN to another nonimmigrant classification that permits dual intent and subsequently petitioning for permanent residence and adjustment under the new classification.

http://www.ramalawus...essionals.shtml

This just means cannot directly adjust status, will need to adjust status based on something else like marriage to a US Citizen. This visa is not restricted from AOS like a Crewman's C/D1 visa, or a J-1 with a Home-Residency Requirement.

If married to a US Citizen, then follow this guide: http://www.visajourn...page=i130guide2

[Bern` 0]

Alright thanks and sorry about the multiple posts. I wasnt sure where to post it.

Okay, so adjustment through marriage. So her husband would in turn become the petitioner and he'd have to file for an I-130 and an I-485? So the one that is currently filed is void?

[YuAndDan 153]

Alright thanks and sorry about the multiple posts. I wasnt sure where to post it.

Okay, so adjustment through marriage. So her husband would in turn become the petitioner and he'd have to file for an I-130 and an I-485? So the one that is currently filed is void?

Exactly..

[Flames9_RN 358]

PM warlord--he went this route

[Bern` 0]

OKAY. ONE LAST QUESTION.

Would it matter if AOS was filed before she married?

[YuAndDan 153]

OKAY. ONE LAST QUESTION.

Would it matter if AOS was filed before she married?

First AOS, No. However a second one based on marriage to US Citizen will simply cancel out the one from prior to marriage.

What was first AOS based on?

[Bern` 0]

PM warlord--he went this route

I swear he went the TN route. My friend in question is a dependent on a TN visa, so she is the holder of a TD.

First AOS, No. However a second one based on marriage to US Citizen will simply cancel out the one from prior to marriage.

What was first AOS based on?

I believe it was filed under her mom, who was on a TN visa. Her mom is still currently a greencard holder. So I'd have to say employment based, by her mother.

Edited February 9, 2011 by Bern`

[YuAndDan 153]

I swear he went the TN route. My friend in question is a dependent on a TN visa, so she is the holder of a TD.

I believe it was filed under her mom, who was on a TN visa. Her mom is still currently a greencard holder. So I'd have to say employment based, by her mother.

In this case if based on mother's LPR status, then the AOS is waiting either for the I-130 to become current and eligible to get a visa number.

The faster route will be to drop that AOS and do one based on marriage to a USC, this results in much shorter processing (4 months or so)

[Flames9_RN 358]

Opps, ur correct, my mistake!! My Tiny male brain registered it as a "TN" lol

[Krikit 1,163]

Moving from Canada forum to General Immigration Discussion.