Thank you again for all the interesting questions and comments. I will be logging off now but checking in again tomorrow for any unanswered questions. Have a great weekend.

There's no permanent bar but the standard would be high to show with a subsequent TN application that the applicant possessed good faith intent to return to Canada/Mexico. We've argued that successfully.

Thank you.

The subsequent guidance on this question was in conflict and unclear. On the one hand, the guidance indicated that if the beneficiary had a valid visa stamp, then the petitioner wouldn't be subject to the payment but on the other hand, it indicated that if the petitioner selected consular notification, then the petitioner would be subject to the payment. So I think it could go either way.

I'm not sure I understand what you are asking.

That could be viewed as fraud at the time of entry under both scenarios. I recommend that you speak with an immigration to come up with a workable plan. Note that if your spouse applies for his or her green card visa (known as an immigrant visa) at a U.S. Consulate, he or she can visit you on a tourist visa for extended periods of time while waiting for the interview at the U.S. Consulate.

Thanks for the info. Tricky situation because we have a kid who has dual citizenship, and we are not in the US, but want to move back.

Your best bet is to plan a year or so ahead and get sponsorship in the queue so the spouse can enter with a green card. Timelines are about 8-14 months.

But as PRoberts said, a non-citizen spouse can't enter on a tourist visa with the intention to change status. A spouse can visit, but then change their mind while in the US.

But CBP is well aware of people trying to shortcut the process this way, so it can be very challenging convincing CBP your non-citizen spouse intends to leave. But it can be done showing a job, property or other elements that would require someone to go back.

There are ways for someone in H-1B status to start a company and not in a roundabout way. The approach will depend in part on whether she will leave her current employer and get an H-1B through her startup, stay with her current employment and get a concurrent part-time H-1B through her startup, or just stay with her current employer and somehow work on her startup.

If she is issued equity (reverse vesting restricted stock) and not paid a salary, does she still need work authorization for the startup?

> or just stay with her current employer and somehow work on her startup.

The first two options make sense but this latter option sounds like a risk. As I understand it, she can't earn any active income from this startup unless see has an I-129 for it. A share grant counts as income.

I mean, yeah you can work on a side project in your spare time that could become a business, but the moment employment and active income enters the picture that becomes something else.

That doesn't make any sense. I'd need to know all the facts to advise. Please send me an email to schedule a call ([email protected]). Which Consulate is she applying through?

Isn't 1-2 year wait time standard for spousal immigration?

This was around 2020-2022 during COVID, but the whole process from start to finish from Taiwan took a little over two years for us (we had issues with the financial supporting documents that took 3 months round trip twice to get resolved -- so potentially would have been closer to 18 months had we done everything correctly).

Extremely frustrating process to say the least (my Taiwan resident card was sorted in less than a month).

No. My spouse and I came here together and we applied for her green card in Japan. It took about 2 months.

Typically, a benefit once granted (unless improperly granted) can't be taken away.

If I understand you correctly, you are asking whether the naturalized citizen was a citizen at birth based on his or her father's citizenship. To answer that question, we would need to know when the naturalized citizen was born and the countries where the naturalized citizen's U.S. citizen parent lived from birth until the birth of the naturalized citizen.

Thanks, you got it right. 1970 is the birth year and father lived in the United States for decades prior but had a child while out of the country, the naturalized citizen. The question is really about whether natural born citizenship is available to children of an American citizen when the child is born abroad, but the parent was deceased before majority age. Naturalization would probably be sufficient, but given that even naturalization is theoretically at risk, maybe obtaining outright natural born status is better insurance. There is an N-form for this sort of thing.

We've obtained lots of marriage-based green cards for those in TN status. The issue is intent at the time of the most recent entry prior to filing a green card application since the intent at that time cannot be to apply for a green card. Generally speaking, if there's a gap of at least 90 days between entry and filing, USCIS's concern about intent goes away or is at least greatly lessened.