TN Visa Denial by U.S. Embassy / Consulate

TN Visa Denial by U.S. Embassy / Consulate Overview:

  • If outside the U.S., citizens of Mexico generally must first file a DS-160 application for a TN visa stamp in order to enter the U.S. under TN visa status.

  • The following provides an overview of how and why the U.S. Embassy/Consulate may deny a TN visa DS-160 application.

TN Visa Application Refusal Under INA 221 (g):

  • In some visa applications, the consular officer will issue a temporary refusal to an individual who may appear otherwise qualified for a TN visa but is missing a particular document, or who must undergo additional security clearance procedures. INA 221 (g).

  • Unlike all other bases of denial, a refusal under INA 221 (g) does not require the filing of a new TN visa application to address the issues raised in the refusal. 9 FAM 403.10-4(A).

  • Once the issue is addressed, and the refusal is overcome, the TN visa may be issued.

TN Visa Application Refusal Under INA 214 (b):

  • If an individual cannot ultimately prove that he/she meets the main requirements for a TN visa, then the U.S. Embassy/Consulate will deny the individual's application. INA 214 (b); 9 FAM 403.10-2(B)(1).

  • A denial under INA 214 (b) does not result in a permanent bar as individuals may re-apply for a TN visa or other visa classifications. 9 FAM 40.7 N1.2.

  • However, a TN visa denial may impact an individual's ability to enter the U.S. as a visitor (including under the visa waiver program if eligible based on citizenship from an applicable country).

  • See also DOS Cable 214 (b) (2004).

TN Visa Application Refusal Under INA 214 (a):

  • An individual may also be refused a TN visa if he/she is subject to one of the various grounds of inadmissibility under INA 212 (a).

  • In some instances, a waiver may be required to overcome a denial based on INA 212 (a). 9 FAM 305.3.

TN Visa Application Re-Filing:

  • Individuals who have been refused a TN visa may re-apply at anytime using the normal TN visa application process. 9 FAM 403.10-4(A). However, consulates may limit the appointments available for such re-applications, and may give them lower priority.

  • Individuals re-applying for a TN visa following a denial must provide new information to overcome the denial, or demonstrate that their circumstances have changed since the denied application. 9 FAM 403.10-3(A)(3).

Revised April 29, 2023.