I am a Canadian Chartered Accountant in the US since 1992 on a TN visa. My recent application for a green card under the multi-national executive catagory was denied. If I the INS refuses to renew my TN when it expires at the end of May because of my "dual intent" can I immediately reapply as an R1? I do not qualify for an HB1. Do I have other options?

The TN category is subject to the INA 214(b) presumption of immigrant intent, which means that you have the onus of overcoming this presumption. Given the fact that you were petitioned for permanent residence, this would normally be strong evidence of immigrant intent.

Although they may not ask you about previous petitions for permanent residence when you apply for your TN, if you are asked that question, it can greatly complicate your TN eligibility. They may very well refuse your TN renewal on that basis. I would try to renew my TN and hope that the question did not come up. Of course, if you are asked about the prior petition you should not make any misrepresentations.

You have provided very little information about your situation. I don't know why you would want to qualify under the R-1 category, which used by religious workers. Perhaps you have simply used the wrong designation. In any event, the R-1 category is also subject to the presumption of immigrant intent so this would not help you.

However, the presumption of immigrant intent does not apply to the H-1B category. You should not simply assume that you will not qualify for H-1B status. I do not know why you would have qualified as an accountant under TN but not as an accountant under H-1B unless your employer was not paying the prevailing wage. There are always options available but I do not know enough about your situation to properly advise you.

I am working in US with a TN visa, and my fiancee is a Chinese citizen living in China. The questions I have are:

1. If I go to China and get married, what is the chance that my wife will be allowed to visit me in US, and what type of visa should she apply for?

2. Will I be allowed to re-entry US from China with my Canadian passport and the TN visa?

I am assuming that you are a Canadian citizen since you would not otherwise be eligible for TN status. If you go to China and get married, your wife should seek a TD or trade dependent visa as a dependent of you, the principal TN worker.

Although she would not be a Canadian citizen, she is still entitled to TD status as the wife of a Canadian. However, because she is not a Canadian citizen she still requires a visa for entry. She should apply for a TD visa from a U.S. consulate to join you for the duration of your TN status. TD status is given to dependents of TN workers for up to one year at a time; the same duration as the principal TN worker's status.

The INA 214(b) presumption of immigrant intent will still apply to you and your wife. You might want to apply for the visa at a post in Canada rather than in China since they are much more suspicious in China. However, it is also tricky to apply in Canada since she will be a third country national. Contact me if you require assistance with this.

You need your passport to re-enter the U.S. after a visit outside the Western Hemisphere. However, with your passport you should not have any trouble flying directly from China unless you are inspected by an ignorant INS officer who is not familiar with the TN category.

I am a Canadian citizen who will marry an American citizen. I plan on living in the United States for about 6-7 years until my fiance's Coast Guard service ends. Afterwards we will move back in my home town in Canada where he will ask for his citizenship or permanent immigrant. I want to keep my Canadian citizenship.

1. What kind of visa do I need to be able to stay there for that period of time and for being able to work in United States?

2. And if after those 7 years we decide to stay in United States, what do I have to do for not having problems?

If you are going to stay for 6-7 years, apply for permanent residence as the spouse of a U.S. citizen. As a spouse, you only require 3 years of residence and physical presence in the U.S. to qualify for U.S. citizenship. Get your U.S. citizenship (under Canadian law, you will not lose your Canadian citizenship) and then return to Canada to sponsor your husband as a Canadian landed immigrant. After three years of Canadian residence, he can get his Canadian citizenship and you will both be dual citizens. If you choose to stay in the U.S. after the 6-7 years, you will already have your U.S. citizenship.