My husband filed for I-526 as a primary EB-5 applicant and included me and my kids as dependents in August. He had been working for a US company on TN visa for a couple of years now. His old TN expired so he applied for a new TN in September. His company was OK for him to work from Canada, but recently, they have asked him to be physically present in the US. He has been in the US for two weeks. Can he apply for I-485 (AOS), I-765 (EAD), I-131 (AP) after 90 days of stay in the US? Once he applies, does his TN remain valid? My kids and I have a TD visa but we continue to live in Canada for school and work. What are our options if we look at relocating to the US next January? If my husband files for I-485, do we lose our TD status? If we do not, can we apply for a change of status subsequently? If we could no longer travel using our TD visa, can the kids and I still travel as visitors and apply for change of status?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou have some options here - enter the U.S. as TDs and file your own I-485s to also get green cards. Keep his green card interview in Canada and have you all consular process together.
Karen-Lee Pollak
Find an EB-5 Visa Lawyer: Immigration AttorneyYour husband will lose his TN status when he applies for adjustment and you will lose your TD status. The whole family should apply for adjustment of status preferably at the same time.
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