TN2 visa denied even with I-797A

[LeonMX]

Hello everybody

Hopefully somebody will be able to advise me on this one:

I am currently living in California. I recently got the I-797A notice of approval for me, my wife and 13 yo kid. An immigration law firm assisted us all throughout the process of getting the I-797A. I just contacted them for I intended to get their advice on the process to "transform" the I797A documents into their corresponding TN2/TD visas; I also expressed to them our intention to go back to Mexico for a couple of weeks during Christmas 2016. Our immigration lawyer immediately advised against such an action. He is telling me that since we will have to go thru an interview in the US Embassy in Mexico to get the TN visas (and comply with the whole process as any other applicant would do) , there is a big chance that the consulate officer might deny the visas, even if I show the notices of approval!

Is this true? Can the TN visas be denied even if showing the I-797A notices of approval? Or maybe I should follow a different the process? What options do I have, other than staying in USA?

Thanks, in advance, for even taking the time to read this post. All of your help/advice will be welcomed.

Leon

[Hesky]

I would think you don't need to go through an interview unless you were planning on staying in Mexico for longer than 30 days. My understanding is that if you stay there less than 30 days you can return with an expired stamp and your current i797A form which proofs your extension of stay was approved. It's called automatic Visa Revalidation and can be used for small trips to Mexico and Canada.