Can you reapply if you are denied a TN visa?

In my column This week's Consulta Migratoria® answers a question from a reader who was recently denied a TN visa renewal application for Mexican professionals and now wishes to reapply.

Each case is different and the answers vary depending on the immigration history of each person. Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before beginning any process.

This is the column:

I am Mexican and last week I tried unsuccessfully to renew my TN visa at the U.S. Embassy in Mexico. The consular officer told me that I did not qualify and cancelled my TN visa which was due to expire next month. My employer still requires my services in the U.S. Is it possible to reapply for a TN visa? I have been doing the paperwork alone and I don't know what to do. - Eduardo S.

Eduardo, yes it is possible to reapply for a TN visa, if you meet all the requirements.

But as you have already realized, doing this type of paperwork on your own, without the necessary legal advice, can hurt your chances of success. In your case, you are now stranded in Mexico without being able to return to work legally in the United States.

I recommend that you hire an immigration attorney as soon as possible to review your immigration history, including the most recent TN visa application that was denied. This is important to determine why your TN visa application was denied and whether or not the consular officer acted properly.

Hire a lawyer no is no guarantee that you will be approved for a TN visa. However, after a legal analysis, the attorney can tell you whether or not you are eligible. If it is a renewal, as is your case, he or she can determine if you have done anything to disqualify you.

Remember that a renewal is always subject to you meeting all the requirements for that visa. The fact that you were approved the first time does not mean an automatic or certain renewal. Immigration agents will look into whether anything has changed in your history or if any of your conduct no longer makes you eligible for the TN visa.

The TN visa is a special visa, a product of the North American Free Trade Agreement, known as NAFTA. This visa allows certain specialized professionals, such as economists, accountants, engineers, lawyers, pharmacists, scientists and professors from Mexico and Canada, to obtain a TN visa. temporary entry to work in the United States.

To obtain a TN visa, you must meet the following requirements:

  1. To be a Mexican citizen.
  2. That your profession is one of those recognized under the NAFTA agreement.
  3. Have a job offer of a temporary of an employer in the United States that requires a professional.
  4. Meet the specific education and/or experience requirements of the profession.
  5. Work full-time or part-time for the employer and not on your own.
  6. Do not intend to stay and live in the United States.

You may re-file your TN visa petition directly with the U.S. embassy or consulate in Mexico. However, there is a strong possibility that your visa application will receive increased scrutiny because you were recently denied a visa.

If you are approved for a TN visa, you will be able to apply for admission to the United States at a U.S. port of entry. Before you can enter the country, you will have to pass inspection by U.S. Customs and Border Protection (CBP).

If CPB agents find you eligible, they will authorize you to enter the country as a TN nonimmigrant, and will give you Form I-94, Record of Entry and Departure, as proof of admission.

Please consult with an immigration attorney before reapplying for a TN visa.

For more information and immigration tips, read my blog

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Nelson A. Castillo, Esq. is an immigration attorney and author of La Tarjeta Verde: Cómo Obtener la Residencia Permanente en los Estados Unidos (Green Card: How to Obtain Permanent Residence in the United States) and presenter of immigration television segments of The Lawyer at Your Side in NY1 News. He is a former President of the Hispanic National Bar Association and the Westlake South Los Angeles Neighborhood Council. For information on how to consult with Dr. Castillo, click here. click here.

The purpose of this column is to provide general information. There can be no guarantee or prediction as to what will be the outcome of the information presented by Dr. Nelson A. Castillo. The information should not be taken as legal advice for any individual, case or situation. This column may be considered an advertisement under the Rules of Professional Conduct for attorneys in several states, including California and New York. Consult with an immigration attorney for personalized legal advice before beginning any immigration proceedings.