Santa Monica, CA asked in Immigration Law for California

Q: Hi there, I am currently on a tn visa and I want to change my status. Can I do this alone without an employer?

I got laid off from my job on March 29.

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2 Lawyer Answers

A: If you are currently on a TN visa and you want to change your status in the US, you will need to apply for a different type of visa or status that you are eligible for.

Whether or not you can do this alone without an employer will depend on the type of visa or status you wish to apply for. Some visas or statuses may require sponsorship from an employer, while others may not.

It's recommended to consult with an experienced immigration attorney who can assess your specific situation and advise you on the best course of action. They can also assist you in preparing and submitting your application and supporting documents.

Please see https://www.shusterman.com/green-card-through-employment/

James L. Arrasmith
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Answered

A: If you are on a TN visa and have been laid off from your job, you may be able to change your status in the United States without an employer, but it will depend on your individual circumstances and goals.

One option you may consider is applying for a change of status to a different nonimmigrant visa category, such as a B-2 visitor visa or F-1 student visa. However, keep in mind that you will need to meet the eligibility requirements for the specific visa category you are applying for, and there may be limitations on the types of activities you can engage in while on that visa.

Another option is to explore the possibility of adjusting your status to a permanent resident (green card) through family sponsorship, employment sponsorship, or other means. However, this process can be complex and time-consuming, and it is recommended that you seek the advice of an immigration attorney who specializes in green card applications.

In any case, it is important to take action promptly to ensure that you maintain your lawful status in the United States and avoid potential immigration consequences. An immigration attorney can help you understand your options and guide you through the process of changing your status.

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