U.S. Citizenship and TN Visa Holders

1. What are the differences between U.S. Citizenship and TN Visa Holders?


Answer: U.S. citizens have the right to live, work, and obtain benefits in the United States, whereas TN visa holders are temporary nonimmigrant visa holders who are authorized to work for a specific employer in a specific job for a limited period of time. U.S. citizens are entitled to certain rights, privileges, and protections not available to TN visa holders, such as the right to vote, access to certain public benefits, eligibility for federal programs, and greater job security. Additionally, U.S. citizens are not subject to deportation proceedings, whereas TN visa holders can be removed from the U.S. if their visa expires or if they violate the terms of their visa status.

2. How does a TN Visa Holder obtain U.S. Citizenship?


TN visa holders can obtain U.S. citizenship through the same process as any other foreign national: by filing an application for naturalization with U.S. Citizenship and Immigration Services (USCIS). The application process typically requires a period of five years living in the United States as a permanent resident, fulfillment of certain residency requirements, passing a civics test, and demonstrating good moral character.

3. What are the eligibility requirements for U.S. Citizenship?


To become a U.S. citizen, a person must meet the following provisions:

1. Be at least 18 years old.
2. Be a permanent resident of the United States with a valid green card.
3. Have lived in the U.S. as a permanent resident for at least five years (or three years if married to a U.S. citizen).
4. Have good moral character.
5. Pass an English and a civics test.
6. Take and pass the Oath of Allegiance to the United States.

4. How long does it take to become a U.S. Citizen?


It typically takes between six months and a year to become a U.S. citizen. The length of time depends on the processing time of your application and the current backlog of applications.

5. What are the benefits of becoming a U.S. Citizen?


The benefits of becoming a U.S. citizen include:

1. The right to vote in U.S. elections.
2. The right to petition for certain family members to immigrate to the U.S.
3. The ability to obtain certain government jobs and military benefits.
4. The ability to travel abroad with a U.S. passport and re-enter the U.S. without needing a visa in most cases.
5. The ability to apply for federal grants and loans, such as for college tuition assistance.
6. Access to certain state and local services, such as driver’s license or in-state tuition benefits.
7. Protection from deportation and potential citizenship for their children, even if they are born abroad or in another country.

6. What rights do TN Visa Holders have in the United States?


TN visa holders have the right to work in the United States in a qualifying professional occupation. They also have the right to live and travel freely within the US. In addition, they are permitted to bring certain family members to the US and may be eligible for certain benefits depending on their status.

7. How long can a TN Visa Holder stay in the United States?


A TN visa holder can stay in the United States for an initial period of up to three years, and may be extended for up to three additional years after that. Extensions beyond the initial six years are possible, provided the TN visa holder can demonstrate that they have made significant progress toward completing their professional or educational goals in the US.

8. What documents are required to apply for a TN Visa?


In order to apply for a TN Visa, you will need to provide a valid passport, a completed Form I-129, the appropriate fee, proof of your professional qualifications, and evidence of the employer’s need for your services. Additionally, you may be required to provide evidence of your employer’s ability to pay your wage and proof of your intent to return to your home country upon completion of your stay in the U.S.

9. Are there any restrictions on TN Visa Holders’ employment in the United States?


Yes, there are certain restrictions for TN visa holders. Generally, they must be employed in an approved professional occupation listed in the NAFTA Annex 1603.D.1. TN visa holders may only work for the employer that requested their TN Status and may not change employers without filing an amended application to U.S. Citizenship and Immigration Services (USCIS). In addition, they may only work in the U.S. for a total of three years, after which they must leave the country, unless they apply for an extension of stay.

10. Can I travel outside of the United States while on a TN Visa?


Yes, you can travel outside of the United States while on a TN Visa. However, you must have a valid TN visa in your passport to re-enter the United States. Additionally, if you plan to remain outside of the United States for more than six months, you may need to apply for a new TN Visa to re-enter the United States upon your return.

11. How do I renew my TN Visa?


You will need to submit a new Form I-129 with the appropriate fee as well as any other documents required by USCIS. If your TN visa will expire within 6 months, you may also need to arrange an interview at a U.S. Embassy or Consulate in your home country.

12. Are there any additional requirements for a TN Visa Holder to become a U.S. Citizen?


Yes, in addition to the general eligibility requirements for U.S. citizenship, which include being a lawful permanent resident for at least five years, having good moral character, and passing a civics test, TN visa holders must also demonstrate that they have resided in the U.S. continuously during their lawful permanent resident status and have been physically present in the U.S. for at least 30 months out of the five years prior to filing their application for naturalization.

13. Are there special considerations for immigrants applying for U.S. Citizenship?


Yes, there are special considerations for immigrants applying for U.S. Citizenship. Immigrants must meet certain criteria in order to become citizens, such as having resided in the U.S. continuously for at least five years, having good moral character, and passing a civics and English test. In addition, immigrants may have to wait certain periods of time before they can apply for citizenship, such as three or five years depending on their particular immigration status.

14. What is the process for applying for U.S. Citizenship as a TN Visa Holder?


The process for applying for U.S. citizenship as a TN visa holder is the same as any other immigrant seeking citizenship. The process includes filing an application (Form N-400), providing evidence of eligibility, attending biometrics appointment, attending an interview, and taking an English and civics test.

15. What are the citizenship tests required for becoming a U.S. Citizen?


The U.S. Citizenship and Immigration Services (USCIS) requires applicants for U.S. citizenship to take an English and civics test as part of the naturalization process. The English test consists of reading and writing questions to measure the ability to read, write, and speak English. The civics test includes questions about U.S. history and government. Applicants must answer at least six out of 10 questions correctly in order to pass the civics test.

16. What documents must be provided when applying for U.S. Citizenship?


When applying for U.S. Citizenship, applicants must provide documentation such as a valid passport, birth certificate, Social Security card, marriage certificate (if applicable), proof of residence, valid driver’s license or state ID, and four passport-style photos. Additionally, applicants must provide evidence of their good moral character, such as court records, tax records, and military records (if applicable).

17. Are there any restrictions on dual citizenship for U.S.-based TN Visa Holders?


Yes, dual citizenship is generally allowed for U.S.-based TN Visa Holders, although the regulations and restrictions vary by country. For example, Mexico does not recognize dual citizenship, so individuals with Mexican citizenship are not eligible for TN visas. Additionally, the U.S. Citizenship and Immigration Services (USCIS) has specific requirements for dual citizens seeking to enter the U.S. on a TN visa. These requirements include applying for a U.S. passport and filling out Form N-600, Application for Certificate of Citizenship.

18. How do I report changes in my status as a TN Visa Holder to U.S. Citizenship and Immigration Services (USCIS)?


You must report any changes in your status as a TN visa holder to USCIS within 10 days of the change. This can be done by filing a Form I-539, “Application to Extend/Change Nonimmigrant Status”. You will need to include evidence of your change in status, such as the appropriate TN visa documents, pay stubs, or an employment letter.

19. Are there any special programs available to help me become a U.S. Citizen if I am a TN Visa Holder?


Yes, there are a few special programs available to TN Visa holders who wish to become U.S. citizens. The most widely known program is the Deferred Action for Childhood Arrivals (DACA) program, which provides a pathway to citizenship for certain undocumented immigrants who arrived in the U.S. as children. The application process is lengthy and complex, so it is important to consult a qualified immigration attorney to ensure that all necessary steps are taken. The U.S. Citizenship and Immigration Services also provides a program known as the Legal Immigration Family Equity (LIFE) Act, which can allow certain individuals with qualifying family ties to become U.S. citizens without having to go through the typical naturalization process. Additionally, the U visa program provides relief from removal and a pathway to citizenship for victims of certain crimes who cooperate with law enforcement. Again, consultation with a qualified immigration attorney is important for anyone interested in one of these special programs.

20. Is there financial assistance available to help me apply for U.S Citizenship?


Yes, some organizations offer financial assistance for those who need help to apply for U.S. citizenship. Check with your local civic or faith-based organization or a non-profit immigration services provider to see if they can provide assistance. Some organizations may also be able to provide advice and support throughout the application process.