INS Backtracks Its Position On TN Denials If An I-140 Immigration Visa Petition Has Been Filed
Courtesy of AILA
The INS Nebraska Service Center (NSC), which adjudicates all TN extension petitions has reversed its position on automatic denial of TN extensions if an I-140 Immigrant Visa petition has been filed for the TN beneficiary.
After considerable discussion between the Nebraska Service Center and AILA's NSC Liaison Committee, the NSC now indicates that the filing of an immigrant petition is simply one factor to consider in the adjudication of a TN extension, and should not automatically result in a denial. The NSC, which has exclusive jurisdiction over TN applications made on Form I-129, had previously indicated that NSC adjudicators were being told to deny TN applications if an I-140 immigrant petition has been filed on the individual's behalf. The basis of the denial had been that the individual no longer has a nonimmigrant intent.
