What happens if USCIS denies my I-129 but I am already working?

It is important to understand that immigration status in the United States is fundamental for performing work legally and without future complications. The process involving the TN visa and the I-129 form can be complex, and the denial of a petition may have serious implications, especially if you have already started your professional activities.

If USCIS denies your I-129 and you are already working, your authorization to engage in activities in the United States may be considered invalid, since the petition approval is one of the elements that guarantees the legality of your status. This means that, even if you are performing your duties in the country, the denial constitutes a situation of non-compliance with immigration laws, which can lead to consequences such as difficulties in future visa applications, problems renewing authorizations, or even complications in cases of status change.

In these scenarios, it is crucial to immediately stop working as soon as you become aware of the denial and seek specialized guidance to evaluate available options. Often, there are possibilities to file appeals or motions for reconsideration, but these measures are highly dependent on the details of your specific case. Therefore, closely monitoring deadlines and requirements established by USCIS can be crucial to avoid accumulation of irregularities.

Furthermore, it is always advisable to be cautious with offers of miracle solutions or marketing campaigns that promise easy results. Strictly following the United States immigration rules is indispensable to protect your future and avoid legal complications. If such a situation arises, informing yourself through reliable sources and, if possible, consulting specialized professionals will be the necessary steps to correct the situation safely and appropriately.

Staying in compliance with immigration legislation is the safest way to ensure that your rights and opportunities in the country are not compromised.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.