Applying for a TN visa at a port of entry is often more complex than it appears. In addition, each time you apply, a record is created making approval more and more difficult. In some cases, it is best to receive advanced approval by mail from US Citizenship and Immigration Services (USCIS). Read about a recent TN1 visa approval we received for a Management Consultant by mail with USCIS after 3 previous border denials.
What is an I-797B Notice of Action?
An I-797B Notice of Action is issued by USCIS after the approval of an I-129 Petition. The I-797 notice of action allows the beneficiary to take the approval to a designated port of entry to be stamped and admitted in TN visa status. Although advanced approval through USCIS is not required to obtain a TN Visa, in some more complex situations it is best practice. For the case in point, we obtained advanced approval from USCIS due to 3 previous border denials.
In the case in point, our client had attempted on their own to apply for a TN visa as a Management Consultant at a port of entry on three separate occasions and was denied for different reasons during each attempt. Each attempt created a record with CBP making a possible approval through CBP unlikely. To overcome the deficiencies in the application materials, and several border denials, we opted to file by mail with USCIS to receive advanced approval through USCIS.
Before attempting to apply for a TN Visa you should seek advice on your qualifications and the sufficiency of your paperwork. In cases with previous denials and complex situations, it is even more important to work with an experienced TN Visa Lawyer.
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The immigration lawyers at Richards and Jurusik Immigration Law have more than 20 years of experience helping people obtain green cards while on TN visa status inside the United States. Contact us today for an assessment of your legal situation.