Articles Posted in Consulates

In this video attorney Jacob Sapochnick discusses how to complete Form I-130 Petition for Alien Relative. Please keep in mind that this video is not intended to be legal advice. The information provided is for educational purposes only and does not substitute the legal advice of your attorney. If you are filing the I-130 Petition for Alien Relative on your own, you must read the form instructions very carefully or seek the assistance of an attorney who will complete the forms according to your specific situation.

If you are filing for adjustment of status, or for an immigrant visa, based on a qualifying family relationship, your petitioner must sign and complete Form I-130 Petition for Alien Relative to establish that a valid family relationship exists. If the beneficiary of the petition is the spouse of the petitioner, then the beneficiary must complete Form I-130A Supplemental Information for Spouse Beneficiary.

Filing a Form I-130 is only the first step in helping a relative immigrate to the United States. Certain eligible family members must wait until there is a visa number available before they can apply to become a lawful permanent resident.

Who May File Form I-130

U.S. Citizens and lawful permanent residents may file the I-130 on behalf of qualifying relatives.

For more information about adjustment of status please click here.

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In this video, attorney Jacob Sapochnick discusses what you can do if your TN visa is denied.

What is a TN Visa?

First, let’s discuss what a TN Visa is, who qualifies, and what the process is like to apply.

The TN Visa allows citizens of Canada and Mexico to work in the United States under the North American Free Trade Agreement.

What are the requirements?

In order to be eligible to apply for a TN visa, the applicant must:

  1. Be a Citizen of Canada or Mexico
  2. Apply to work in a profession authorized by NAFTA.For a complete list of authorized professions click here.
  3. Fill an approved position under NAFTA regulations
  4. Work in a pre-arranged full-time or part-time job, for a U.S. employer
  5. Have the qualifications required for the position sought.
  6. Educational requirement: The employer must submit proof that the applicant meets the minimum education requirements or has the alternative credentials as required by NAFTA. Evidence of professional qualifications may include copies of degrees, certificates, diplomas, professional licenses, or membership in a professional organization. Degrees, diplomas, and certificates from an educational institution outside of the U.S. must be accompanied by an evaluation by a credential evaluation service specializing in evaluating foreign academic credentials.
  7. Work Experience Requirement: The applicant must provide evidence of his or her experience in the position sought (recommendation letters from former employers).
  8. Provide proof of ties to your home country

Application Process

Canadian Citizens

Canadian citizens may apply for a TN visa at a U.S. port of entry providing the following supporting documentation:

  • Request for admission under TN status to Department of Homeland Security, Customs and Border Protection, U.S. immigration officer;
  • Employment Letter – Evidence of professional employment;
  • Proof of professional qualifications, such as transcripts of grades, licenses, certificates, degrees, and/or records of previous employment;
  • Proof of ability to meet applicable license requirements;
  • Proof of Canadian citizenship- Canadian citizens may present a passport, as visas are not required, or they may provide secondary evidence, such as a birth certificate. However, Canadian citizens traveling to the United States from outside the Western Hemisphere are required to present a valid passport at the port-of-entry;

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