APPROVED I-129 TN VISA PETITION & EFFECT ON DS-160 APPLICATION

Written By Brian D. Zuccaro

Question: I am a citizen of Mexico. I recently obtained an approval of an I-129 petition requesting a change to TN visa status. I understand that I need to file a DS-160 application to obtain a TN visa stamp in my passport in order to travel. What effect does my I-129 TN status petition have on my DS-160 TN visa application?

Reply: According to information obtained from the U.S. Consulate Ciudad Juarez, consular officers will still make an independent evaluation of a DS-160 TN visa application despite the applicant’s approved I-129 TN status petition. Standing Instruction: TN/TD Visas, U.S. Consulate Ciudad Juarez (March 2012).

In this scenario, consular officers are instructed to consider the approval of an I-129 TN status petition “merely as a positive, but not determinative, factor.” Id. Applicants must still prove that they meet all the requirements for TN visa status during the DS-160 adjudicative process. Id.

Brian D. Zuccaro
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