I am a Canadian currently working in the United States under TN status. My petition for permanent residence has just been approved. I have heard about going to the U.S. consulate in Montreal and also about adjustment of status. Which route is most appropriate one for me?

Consular processing and adjustment of status are two different ways of achieving the same result. Consular processing is the traditional way of obtaining permanent residence once the alien's petition for permanent residence has been approved. Aliens are interviewed at a U.S. consulate and then given an immigrant visa. This visa is used to enter as a permanent resident. Adjustment of status is a discretionary benefit available to aliens who are already in the United States. Adjustment of status is discussed in my new article, which is available here.

As you are probably aware from my TN article, there is no dual intent recognized for aliens in TN status. This results in two problems:

1. The Immigration and Naturalization Service ("INS") often believe that the the mere existence of an approved labor certification or petition for permanent residence gives the alien immigrant intent. If the alien travels abroad and seeks to enter the United States, they may deny entry to the TN worker if he or she travels abroad on the basis of §214(b) of the Immigration and Nationality Act ("INA").

2. As stated above, adjustment is discretionary. If the INS finds "negative factors", it will exercise its right to deny the adjustment application. Negative factors include preconceived intent to be an immigrant when entering the United States under a nonimmigrant category that does not recognize dual intent.

For the above reasons, it is generally preferable for TN nonimmigrants to choose consular processing instead of adjustment of status. By seeking consular processing, the alien will avoid the risk of having his or her adjustment application denied. There is also some INS authority for granting a TN nonimmigrant re-admission to the United States even where he or she is the beneficiary of an approved petition for permanent residence, if the alien is consular processing.

I am a Canadian currently working under my F-1 Optional Practical Training ("OPT"). Recently, I appeared on television game show. I did not win, however I am to receive a free prize. I was not paid for my appearance but we were told any winnings would be classified as taxable income. Am I in violation of the terms of my OPT? What should I do to rectify the situation? Are game and lottery winnings counted as wages?

You should not worry about your participation on a game show. This is no different from gambling in Las Vegas. You are engaging in an activity that would be permitted as a B-2 visitor; it is clearly not local employment. If you had won any prize money, it would have been the same as winning at the Blackjack table.

Your winnings are classified as taxable income, in the same manner as casino winnings. However, this does not mean that you are in violation of your status. Although the IRS considers this income, your activities do not constitute employment.

Am I legally entitled to citizenship of the US and Germany if I was born to a German mother and an American father living in New Hampshire, in full accordance with the law? I served the compulsory term in the German Armed Forces in concordence with their law, but without the intent of renouncing my American Citizenship. (If I hadn't I would have faced legal action in Germany)

I am assuming that you already have read my loss of citizenship article. As you should know, in order to lose your U.S. citizenship, you must commit an expatriating act listed in INA §349, with the intention of renouncing citizenship.

INA §349 mentions entering, or serving in, the armed forces of a foreign state if (A) such armed forces are engaged in hostilities against the United States, or (B) such persons serves as a commissioned or non-commissioned officer. I do not believe that Germany was engaged in hostilities against the United States when you served in the armed forces, but you may have been an officer therein. However, even if this was the case, it must also be established that you did it with the intention of renouncing your U.S. citizenship. I don't think you are in any danger of losing your U.S. citizenship.

Depending upon how you obtained your U.S. citizenship German law may not permit you to have dual citizenship. However, loss of German citizenship is outside my area of expertise so I cannot comment thereon.