I am a journalist livining in Canada with a longstanding professional relationship, as an independent contractor, with an American publication.

However, I will be attending a US university for my Ph.D. starting this fall. The university has sent me an I-20 for my F-1 student visa, but I note that, under the provisions of the F-1, I will be unable to continue working for the American publication, despite the fact that I have been writing for them for well over a year in Canada. It is worth noting, I think, that I am not actually employed by the American publication, but I bill them as an independent contractor.

What are my options to continue this work? Can I enter the US on the F-1, and then apply for a TN-1? Would the TN-1 prevent me from being able to study in the US [that is, does it supersede the F-1 and consequently remove my ability to study]? Can I hold both simultaneously, or does the TN-1 give me the ability to study in the US?

You can only have only visa at a time, so you cannot have both an F-1 visa and a TN visa. With a TN visa, however, you can take courses incidental to your TN status, but in that case your TN activity would have to be your primary activity.

If you’d like to further discuss your case with me, please contact my office directly to arrange for a consultation.

Edward Weiner
Attorney at Law

E-mail: E.Weiner@immigration-aux-usa.com
Internet Site: http://www.immigration-aux-usa.com/