Can one who is Canada permanent resident apply for US Green Card under NIW?

Asked 12 months ago - Atlanta, GA

I assume we need to submit a copy of all our visas if I140 is accepted. Does it make any issues if we have Canada PR or immigration visa in the passport?

Attorney answers (5)

  1. Huiyue Qiu

    Contributor Level 9


    Lawyers agree


    Answered . Having Canadian permanent residency most likely will not become an issue for U.S. immigration when it comes to review a National Interest Waiver application. But there are additional implications that you might need to consider (1) how the Canadian authority perceives such application? Will it consider such as an intention to abandon the Canadian permanent residency? (2) if the National Interest Waiver application is denied, you will have a clear immigrant intent that may bar you from gaining future visitor's visa to the U.S. Therefore, carefully weighing your options will be necessary.

    This communication is not intended as legal advice, and no attorney client relationship results. It is provided... more
  2. Fadi N. Minawi

    Contributor Level 14


    Lawyers agree


    Answered . Having Canadian PR and moving to the US many jeopardize your Canadian status, but has no bearing on a US application.

    Niren & Associates
    (toll free) 1-866-929-0991
    (local) 416-410-7484

    Legal disclaimer: For specific advice on your case, Mr. Minawi can be reached at 1-866-929-0991 ext. 206 or by... more
  3. David Nabow Soloway

    Contributor Level 17

    Answered . In addition to the information supplied in previous responses to your question, note that generally an Employment-Based Second Preference Visa Application with a Request in the U.S. National Interest to Waive the Labor Certification Process (an "EB2/NIW" application), with is filed with a Form I-140, merely seeks to have the USCIS deem a professional to satisfy the requirements in that visa category. Those cases can be quite complex to properly prepare and to support with persuasive expert opinion letters and other documents, and approval of this, alone, will not grant a visa for entry into the U.S. or for being able to reside permanently in the U.S. Instead, that is the first step in a two-step process for attaining Lawful Permanent Resident status (getting a "Green Card"), and the next step would be "consular processing" or "applying to adjust status."

    It would be wise to engage an immigration attorney to learn all of the relevant information about you and your career achievements in order to be able to advise you about eligibilities, options and strategies, as well as any particular challenges and likely problems, in seeking to meet your goals, and also to represent you in preparing strong and persuasive application packages.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Kennedy, P.C.
    1800 Century Place, Suite 100
    Atlanta, Georgia 30345
    404-320-7000 * 1-877-232-5352 *

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal... more
  4. F. J. Capriotti III

    Contributor Level 20


    Lawyer agrees


    Answered . As my colleagues pointed out ... the US won't mind ... but Canada might.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- -- -- This blog posting... more
  5. Gen Kimura

    Contributor Level 18

    Answered . I agree with my colleagues. Please consult with an attorney to make sure that you are eligible for NIW petition.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more

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