NSC May Deny TNs When an I-140 Has Been Filed

Cite as "Posted on AILA InfoNet at Doc. No. 02100740 (Oct. 7, 2002) ."

A supervisor at the Nebraska Service Center, which has exclusive jurisdiction over TN applications made on Form I-129, has indicated to AILA’s NSC liaison chair that NSC adjudicators are being told to deny TN applications if an I-140 immigrant petition has been filed on the individual’s behalf. The basis of the denial would be that the individual no longer has a nonimmigrant intent. Some members have already reported denials on this basis. While AILA is arguing this point, we are not optimistic for a favorable resolution. Therefore, persons filing a TN application at the NSC when an I-140 has been filed may wish to consider alternative strategies, such as concurrently filing an adjustment application (and I-765) with the I-140.

(10/08/2002)

Adjustment of Status | Adoption | Advance Parole | Application Fees | Asylum & Removal | Business Entities | Corporate Clients | Consular Processing | Divorce | E-1 & E-2 | EAD | F-1 | Family Immigration | FAQs | Forms | Investor Visa | Immigration Glossary |
K Visa | L Visa | Marriage | Naturalization | Non-immigrant Visas | O-1 | Processing Time | Road to Green Card | TN | Visa Bulletin