Legal Question in Immigration Law in South Dakota

With a TN Visa, what is your residency status?

I just got my TN Visa...

Am I a temporary resident, or a non-resident of the US?

Where do I file my income tax with the Canada-US treaty in effect (my employer is an American company paying me in US funds)?

Do I apply for a US driver's license?

Am I obligated to maintain my Canadian residency?


Asked on 11/27/06, 9:19 pm

1 Answer from Attorneys

David Nachman Nachman & Associates, P.C.

Re: With a TN Visa, what is your residency status?

YOU WROTE: Am I a temporary resident, or a non-resident of the US?

RESPONSE: You are a non-resident. The TN is a nonimmigrant classification.

YOU WROTE: Where do I file my income tax with the Canada-US treaty in effect (my employer is an American company paying me in US funds)?

RESPONSE: After 181 days in the U.S. you may have to file here.

YOU WROTE: Do I apply for a US driver's license?

RESPONSE: You can do this.

YOU WROTE: Am I obligated to maintain my Canadian residency?

RESPONSE: You should continue your Canadian Residency as a nonimmigrant (TN) in the U.S. If you are considering a green card you may want to petition for an H-1B in April.

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Answered on 11/28/06, 6:16 am


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