Nonimmigrant Visa Processing Suspensions for Third Country Nationals At Border Posts

The State Department has suspended Third Country National Processing in Mexico & Canada.

The State Department's Visa Office Managing Director has informed AILA, that the processing of visa applications from third country nationals who are not resident in the consular districts of the border posts has been suspended. Existing NIV appointments are being cancelled. DOS states that this is a temporary measure.

The DOS has indicated that the Department is concerned that the INS may be changing its practices on the borders. This appears to be a reference to a regulation allowing for readmission to the U.S. of nonimmigrants after a stay of less than 30 days in Canada or Mexico. DOS does not want to burden Canada and Mexico with a large number of visa applicants whose cases are pending background and security checks, but who may not be readmitted to the US.

The Department of State has also advised that it is temporarily Suspending the on-line nonimmigrant visa appointment system and the 900 number appointments for third country national (TCN) processing at border posts in Canada and Mexico as of November 16, 2001. It appears that the suspension is across the board for all nationalities at the moment.

The Department of Sate will also be notifying those with appointments to postpone their trip until the impact of the applicants' departure from the U.S. is confirmed with the INS.

This action is the Department's response to concerns that applicants at border posts have no way of knowing if regulations allowing readmission to the U.S. of nonimmigrants after a stay of less than 30 days will still be applied to the supposed list of 26 countries whose nationals are subject to additional clearances. Please note that more than the 26 countries reported may be involved.

According to the Department of State, the Visa Office will contact the INS today to follow up on the impact of the policy on applications for reentry into the U.S. after a visa application at a border post.

Prior to this announcement, the normal procedures for NIV interviews for those subject to the additional clearances involved two trips to the consulate where the visa would not be issued while clearance was pending, but the applicant, if eligible, could return to the U.S. while the clearance was being completed. Once the clearance was completed, the applicant would then return to the consulate to obtain the visa. At the moment, it is unclear whether this existing policy will apply and we have been warned that it may not.

In light of this uncertainty, to avoid being stranded in Mexico or Canada it is imperative that counsel be involved in any travel decisions. Visa revalidation should also be considered for individuals who are eligible. The DOS Visa Office also advises that it is increasing staff for revalidation of visas due to the increasing workload caused by this policy change and by the holidays.

Greenberg Traurig Business Immigration Group will provide updates as additional information is available.