Good Fences And Not So Good Neighbors: Property Law 101

Should Your Family Member Apply For A TN Visa?

24 April 2016 by Hunter Moore

The North American Free Trade Agreement, or NAFTA, created a special program that would allow non-citizens from Mexico and Canada an opportunity to live and work in the United States if they met certain requirements. If you have a family member who is from one of those countries who is having difficulty gaining legal entry, applying for this special visa might be ideal. There are risks though. Before applying, here is what you need to know. 

What Is the TN Visa?

The NAFTA Professional, or TN, visa gives Mexican and Canadian citizens a chance to live and work in the United States for a certain number of years as long as they work within an approved profession. The applicant must have a job pre-arranged to be approved. 

There are some differences between the requirements for Mexican and Canadian citizens. For instance, Canadians can apply for TN status at the port of entry. By contrast, Mexican citizens must apply at an American consulate and be approved before they can legally enter the country.

Is a TN Visa Beneficial?

Whether or not a TN visa is the right move for your family member depends largely on his or her birth country. If your family member is Canadian, he or she might not even need to apply for the TN visa. A TN visa is usually only necessary if the applicant needs to bring in dependents who need visas to attend school. Canadians also do not have to wait for approval to be allowed into the country.

Regardless of the country in which your relative lives, the standards to obtain a TN visa are a bit more lax than those to get other visas. As a result, your relative is more likely to be allowed into the country. 

TN visas are also renewable for an indefinite period of time. As long as your relative files for renewal on time before the expiration date, he or she can stay and work in the country as long as the requirements are still being met.

Filing for TN status is also a more cost-effective action than obtaining other types of visa. The application fee for a TN visa is $160. By comparison, obtaining a H-1B visa could cost as much as $1,500. 

To determine if a TN visa is best for your relative, consult with an immigration attorney. He or she can evaluate your relative's situation and help with the filing process. To find out more, speak with someone like Tesoroni & Leroy. 

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