NSC May Deny TNs When an I-140 Has Been Filed
Posted by Jeff Xie on October 07, 2002 at 20:48:55
A supervisor at the Nebraska Service Center, which has exclusive jurisdiction over TN applications made on Form I-129, has indicated to AILA’s NSC liaison chair that NSC adjudicators are 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 would be that the individual no longer has a nonimmigrant intent. Some members have already reported denials on this basis. While AILA is arguing this point, we are not optimistic for a favorable resolution. Therefore, persons filing a TN application at the NSC when an I-140 has been filed may wish to consider alternative strategies, such as concurrently filing an adjustment application (and I-765) with the I-140. Posted on AILA InfoNet at Doc. No. 02100740 (Oct. 7, 2002)
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