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.
Temporary Refusals 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.
Once the issue is addressed, and the refusal is overcome, the TN visa may be issued.
Refusal Under Other Grounds of Inadmissibility Under INA 212 (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 40.6 EXHIBIT I.
Re-Applying For TN Visas
Individuals who have been refused a TN visa may re-apply at anytime using the normal TN visa application process. 9 FAM 41.121 PN1.4. However, consulates may limit the appointments available for such re-applications, and may give them lower priority. Id.
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 41.121 PN2.