Question: I am a citizen of Mexico. I recently obtained an approval of an I-129 petition requesting a change to TN visa status. I understand that I need to file a DS-160 application to obtain a TN visa stamp in my passport in order to travel. What effect does my I-129 TN status petition have on my DS-160 TN visa application?
Reply: According to information obtained from the U.S. Consulate Ciudad Juarez, consular officers must still make an independent evaluation of a DS-160 TN visa application despite the applicant’s approved I-129 TN status petition. Standing Instruction: TN/TD Visas, U.S. Consulate Ciudad Juarez (March 2012).
In this scenario, consular officers are instructed to consider the approval of an I-129 TN status petition “merely as a positive, but not determinative, factor.” Id. Applicants must still prove that they meet all the requirements for TN visa status during the DS-160 adjudicative process. Id.