Immigration Law WeeklyJanuary 2, 1996
I am a Canadian citizen wishing to retire in Arizona in 2 years. I shall be receiving a teacher's pension and paying for complete medical coverage. Is it possible to live 12 months of the year in Arizona if you pay your own medical coverage and receive a full pension ($36,000 CDN per year)?
I am not sure if you were asking me about eligibility for permanent residence. If you were, you should know that there is no retired person's category. You might qualify through another category such as family-based immigration, investor immigration or the diversity immigration lottery but I do not know enough about your circumstances to make that determination. Such an assessment would have to take place during a formal consultation in any event.
The fact that you collect a pension and have medical coverage is useful only for showing that you are unlikely to become a public charge if you are permitted to immigrate under a category for which you are already eligible. It does not give rise to the eligibility itself.
If you are simply interested in spending time in the United States as a retired person, you can stay in the United States for up to six months at a time as a B-2 visitor. Many "snowbirds" do this. They must be able to demonstrate ties to Canada and may not work or attend school.
You mentioned that you wanted to stay in the United States for 12 months of the year. This is not possible as a visitor. You might consider the E-2 treaty investor category which is discussed in the basic immigration database. It is a temporary visa only but it would allow you to remain in the United States for twelve months of the year. The visa can be renewed as long as the business is operating.
I have a nephew who's wife is registered nurse working in Texas under TN status. Both are Canadian citizens. Can my nephew legally work in the U.S.?
Spouses and dependent children of TN workers may enter the United States under TD (Trade Dependant) status. This status allows spouses and children to remain in the United States with the TN worker for the duration of his/her status. However, TD aliens are not entitled to work unless they qualify for employment status on their own. In other words, your nephew cannot work in the United States simply because he is married to a TN worker. However, as a Canadian he may also qualify for TN status, depending upon whether or not he works in one of the occupations listed in Appendix 1603.D.1 of NAFTA. If not, there are still other categories which may be applicable.
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