What is ‘AOS pending’ and how does it affect TN?

When discussing visas and pathways to immigrate to the United States, it is common to encounter terms like “AOS pending” and understanding their implications can be essential to avoid surprises during the process. The expression “AOS pending” refers to “Adjustment of Status pending”, meaning that the application for adjustment of status to become a permanent resident (green card) is being reviewed by immigration authorities.

In the case of the TN visa, which is a non-immigrant visa intended for Canadian and Mexican citizens for specific professional activities, the situation becomes particular. The TN is designed for temporary work and, because it is strictly non-immigrant, it does not accept the idea of “dual intent” – that is, the simultaneous intention to stay temporarily in the U.S. while also seeking permanent residency. When someone has a pending adjustment of status application, this may signal a future immigrant intent, which can complicate or even interfere with maintaining or renewing TN status.

It is crucial to understand that simply having a pending AOS does not automatically mean that the TN status is lost or that the person is facing immigration problems. However, it is important to be aware that when applying for a visa that does not allow dual intent, any indication of immigrant intent may be interpreted unfavorably by authorities at the time of a new entry or upon renewal. Therefore, each case must be carefully evaluated considering the particularities of the immigration history and the documents presented, always ensuring compliance with U.S. immigration laws.

Given these nuances, it is extremely important to strictly adhere to the country”s immigration laws and seek guidance from reliable sources before making any decisions. Inaccuracy or reliance on superficial information can lead to serious complications. Therefore, I advise consulting specialists and exercising caution with promises of quick or guaranteed results. This way, you can avoid risks and surprises during the process, ensuring that all steps are completed in accordance with current legislation.

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.