Keeping TN status while AOS pending?

[lyssa 0]

From what I understand.. If you don't file for an EAD, you can keep your current status while AOS is pending?

My mom has a TN visa, and my sister and I both have TD visas. She was recently married, however, my sister and I are over the age of 18 at the time of her marriage. Therefore, we can not file for AOS at the same time as her.. I was going to wait until her permanent residency is approved and then have her petition for my sister and me. However I'm concerned about losing status.. any advice?

[Dakine10 5,452]

From what I understand.. If you don't file for an EAD, you can keep your current status while AOS is pending?

My mom has a TN visa, and my sister and I both have TD visas. She was recently married, however, my sister and I are over the age of 18 at the time of her marriage. Therefore, we can not file for AOS at the same time as her.. I was going to wait until her permanent residency is approved and then have her petition for my sister and me. However I'm concerned about losing status.. any advice?

In this situation, Tn status is valid until

-AOS is adjudicated

-EAD is used for employment

-Tn beneficiary leaves and reenters the US using an advance parole document

-Tn expires.

The link below shows the priority dates and preference categories for family based immigration. Remember though, when your moms green card is approved, her Tn status ends, and you will no longer have Td status. It would be at least 4 years after that until your I-130 is approved depending on which category you fall under.

http://www.travel.state.gov/visa/bulletin/bulletin_5368.html

[Harpa Timsah 13,258]

Once your mom's AOS is approved, you will lose your TD status. AOS is taking about 4 months on average right now. Your mother can also delay filing for AOS if she is still working with her TN visa. Overstay or out-of-status days are not forgiven for children of LPRs, so you can't wait here for four years with no legal status. I'd work on that student visa for the meantime. Good luck.