先生是加拿大公民,准备申请美国公民依亲绿卡,目前持TN签证在美工作。
1. 他的TN签证四个月后到期,需要续签。如果现在递上I-485,I-131 and I-765, (如果I-765 来不及批下来,需要续签TN)会影响他TN续签吗?(境内续签),或者再等四个月,TN签证下来后再递交绿卡申请?
-He can ask his employer to file I-129 to renew his TN within US now (in advance up to 6 month before his current TN status expires), and continue to work without EAD. But if he files I-485, his TN extension application probably will not be approved due immigrant intent. Thus, he has to use EAD to work if his TN extension is denied.
Another choice is that he may go to the US-Canada border to get the new TN I-94 with a new duration and then, file I-485.
之所以考虑现在递交绿卡申请,是因为他六个月后有出境出差,如果等4个月后再同时递交I-485,I-131, I-131 大概率批不下来。那么绿卡申请就要等到明年夏天了。
-He has to have the approved advance parole (I-131 approval) to travel abroad after he files I-485. Otherwise, his I-485 will be void.
2. 女儿目前在美国读中学,下周递交I-485,I-131 and I-765(F2A category,在我名下)。按现在排期,估计2027年拿到绿卡,在这期间先生的绿卡如果批下来,女儿就不能有TD身份,如果她有EAD card, 是否还需要申请F1?
-After she files I-485, she cannot apply for F-1 anymore due to immigrant intent, but she can apply for collge as adjustment of status (i.e., pending I-485). If she wants to apply for Federal financial aid for college study, she can use advance parole to travel outside US and then, return to US to attend college as a parolee.