Can You Really Get a Green Card on a TN Visa? (Yes, Here is How)

Introduction

Go to any immigration forum, and you will see the warning in all caps: “TN VISA IS SINGLE INTENT. YOU CANNOT APPLY FOR A GREEN CARD.”

This is one of the most persistent myths in the US-Canada professional community. While it stems from a grain of truth, it is legally incorrect. You absolutely can transition from a TN visa to a Green Card, provided you follow the rules of engagement.

The confusion comes from mixing up “Preconceived Intent” with “Change of Circumstance.”

Myth #1: “Filing an I-140 immediately kills my TN status.”

Reality: Not automatically. The I-140 is a petition by your employer, not you. US State Department guidance acknowledges that a TN holder can be the beneficiary of an immigrant petition and still serve a temporary entry. The key is satisfying the officer that you will not “just stay” if your Green Card is denied. This is why choosing Consular Processing is often the safer play—it proves you intend to follow the proper visa protocol abroad.

Myth #2: “I have to marry an American to do this.”

Reality: False. While marriage is a common path, thousands of Canadians transition via Employment-Based (EB-2 or EB-3) categories every year. Your employer sponsors you. The process is longer than marriage (often 18-24 months), but the end result is the same.

Myth #3: “I can’t renew my TN once I start.”

Reality: It’s tricky, but possible. If you have an approved I-140 petition but your “priority date” (your place in line) isn’t current yet, you may need to renew your TN to keep working.

The Strategy: You present a renewal application that discloses the I-140 but explicitly states: “I am pursuing Consular Processing. I await my visa interview in Montreal. My stay in the US is temporary until that visa is issued.”

The Risk: It depends heavily on the discretion of the CBP officer. Some are strict; others understand the nuance.

The “90-Day Rule” Warning

The one myth that is true? Don’t lie at the border. If you enter the US on a TN visa on Monday and file for a Green Card on Tuesday, you have committed visa fraud. You entered with “preconceived intent.” Most attorneys recommend waiting at least 90 days after your last entry before filing any document that signals immigrant intent.

The Verdict

The TN-to-Green Card path is not a loophole; it’s a legitimate legal process. But it is not a DIY project. One wrong checkmark on a government form can flag you for “intent” violations.