TN Approval for Nurse despite I-140 Denial

This case involved a prior denial at an area Port-of Entry on the basis of immigrant intent. The applicant had applied for admission under the Nurse TN category. However, the applicant had recently received a denial of her I-140 Immigrant Worker petition due to a technicality and had also filed an Adjustment of Status Application, Form I-485. Despite the fact that the I-140 had been denied, the inspecting officer refused to approve the applicant’s TN application on the basis that the denied I-140 and I-485 filing evidenced immigrant intent.

Our office was then retained to handle the rehabilitation of this TN. During our initial consultation we reviewed the client’s I-140 case and the merits of her TN application. We contacted the Chief Officer at the Port-of-Entry that made the initial decision and explained to him the reasons for the applicant’s I-140 denial. We informed the Chief Officer that our client did not have immigrant intent for purposes of this TN application. Our client would not seek Adjustment of Status after being admitted into the U.S. as a TN. When her I-140 was approved, she would pursue her green card through Immigrant Visa Processing. This process alleviates suspicion of immigrant intent because the client must depart the U.S. in order to obtain her green card at a U.S. consulate abroad.

The Chief Officer was satisfied with this reasoning and agreed to re-examine the TN application. We accompanied the client back to the Port-of-Entry and re-submitted the TN application. The Chief Officer reviewed the application and admitted the client under TN status.