Navigating the U.S. visa process can be challenging, especially with high denial rates at U.S. consulates abroad. Applicants seeking work visas like the TN-2 visa for Mexican professionals often face frustrating hurdles when applying directly through consular offices. However, there is a more effective path—one that avoids the consulate altogether and leads to greater success.
High Denial Rates at U.S. Consulates
Many professionals applying for TN-2 visas or extensions face higher denial rates at U.S. consulates. Consular officers may reject applications due to strict interpretations of requirements, insufficient documentation, or concerns over the applicant’s intentions. These decisions can feel inconsistent, as consulate officials can interpret guidelines differently from one office to another. This risk has left some industries, like agriculture, facing uncertainty. For example, U.S. pork producers deal with visa-related issues as critical foreign workers struggle to secure approvals due to stringent consular processes.
Higher Success Rates with USCIS Applications by Mail
In contrast, visa applications processed within the U.S. through U.S. Citizenship and Immigration Services (USCIS) have significantly higher success rates. When applicants extend their visas or change their status by submitting petitions to USCIS via mail, their chances of approval improve. USCIS evaluates applications based on documentation and adherence to guidelines, without the subjective interview process that often leads to consular denials. At our firm, we’ve seen consistent success with this approach, helping professionals secure approvals through USCIS.
Two Strategies to Avoid Consular Denials
- Extend Your Visa in the U.S. with USCIS – If you’re already in the U.S. on a valid visa, you can avoid consular processing by applying for an extension or change of status through USCIS. For example, Mexican professionals on a TN visa can apply for a renewal directly with USCIS, bypassing the consulate entirely. This method is less likely to lead to denials, as USCIS focuses on supporting evidence and legal criteria.
- Enter the U.S. on a B Visa and Change Status to a TN Visa – Another option is to enter the U.S. on a B-1/B-2 (visitor) visa and change your status to a TN visa once inside the country. This method allows you to avoid the consulate and apply for a status change through USCIS, which, as mentioned, has a much higher approval rate. However, it’s important to ensure your visit on a B visa complies with all U.S. immigration rules and that you apply for a change of status before your B visa expires.
Why USCIS Has Better Success Rates
The key difference between consular processing and USCIS processing is the approach to the application. Consulates focus heavily on the applicant’s intent and face-to-face interviews, while USCIS reviews applications based on the submitted documentation and whether it meets the legal standards. When applying through USCIS, the decision-making process is less subjective and more consistent. As long as applicants provide thorough, accurate documentation and meet the eligibility criteria, their chances of approval are much higher.
Conclusion
If you’re a Mexican professional seeking a TN-2 visa or an extension, avoiding the consulate can save you from the high risk of denial. Extending your visa through USCIS while in the U.S. or traveling to the U.S. on a B visa and changing status can significantly improve your chances of success. At our firm, we’ve helped many clients navigate this process, and we’ve found the USCIS route to be highly reliable with a high success rate. Feel free to contact us for personalized guidance or more details about extending your visa or changing your status.
If you have questions regarding TN visa requirements, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.