I'm a dual citizen of Canada and Egypt. I have a J1 on my Egyptian passport with a 2 year home requirement (to go back to Egypt in that case). Can I still apply to a TN visa seperately on my Canadian passport and defer the 2 year requirement in that case since I will come in the US as a Canadian?
You may obtain TN status if you are eligible. But you may not obtain an H or L visa or a green card until you have received either a J-1 Waiver or until you have completed the two-year foreign residency requirement.
Gary David Goodin, Immigration Lawyer in VA (703) 672-8888, www.visalawdc.com, [email protected] Goodin Law P.A. 8130 Boone Blvd, Suite 130 Tysons Corner, VA 22182 . Note: Gary David Goodin is an immigration lawyer licensed in Florida and is authorized to practice US immigration law in all fifty states and the District of Colombia. The above answer is for general informational use only. You should not act or refrain from acting solely based on the information provided. The answer does not create an attorney/client relationship unless an Agreement is signed by you and the attorney.
No. The two year requirement is specific and cannot be deferred because you happen to have citizenship from another country.
The answer given here is not complete and based only on the information given in the question. The answer is general in nature as a full consultation would be required in order to give a complete consultation. The answer should not be relied upon as the only possible solution.
Yes you can. The 2-year requirement only applies to H and L visas and green cards, not be TN status.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline