More on Third Country Nationals & Nonimmigrant Visa Interviews

Canadian Posts

The State Department has advised that posts in Canada are canceling only those existing appointments for third country nationals that would be affected by the new clearance requirements, but that they are honoring other existing appointments.

An officer in Montreal informed Greenberg Traurig on November 20, 2001 that their post has heard about the advisory but they have not been instructed to cancel any interviews to date. The officer stated that IF the interview has been canceled, it would be posted on the internet or the 1-900 number. The officer also stated that officers and the consulate HAVE NOT canceled any interviews.

To be certain that your scheduled interview at a consulate in Canada has not been cancelled it is advisable to check on the website or the 1-900 number the day before the interview as well as consult with your counsel to consider all possible issues that may arise.

Mexican Posts

The State Department has also advised that the post at Ciudad Juarez will honor existing appointments, even though it is not scheduling new appointments for third country nationals. It is not clear whether other posts will also honor existing appointments.

A State Department email also advises that the post in Mexico City "has taken away from the call center the ability to make Nonimmigrant Visa appointments for Third Country Nationals. However, officers may still make appointments for such applicants." The call center was only utilized for posts in Mexico through which an NVARS or 900 number appointment was not available. Even though the NVARS appointment system, the 900 number system, and the Mexico City number for Mexican posts all appear to be shut down, it may be possible to obtain an appointment directly from the consular post, if you can reach the post. According to the State Department, "an officer, unlike the call center, can better understand the risk that a specific applicant might face in seeking visa services at a border post."

A complete list of countries whose nationals are affected by these requirements has not yet been released. If you were born in, or have resided in, a country that you think might be on the list and you have a scheduled appointment in Canada or Mexico, it is advisable to call the post to check on the appointment and consult with your immigration counsel.

There have also been reports that female applicants from some of these countries have been subjected to the additional clearances (some news reports had indicated that only males would be subject to the checks).

More information will be posted as it is obtained.

Portions of this advisory were obtained from AILA.