Latest Information on Third Country National (TCN) Nonimmigration Visa Applications i

[ginnu]

04/05/03: Latest Information on Third Country National (TCN) Nonimmigration Visa Applications in Canada/Mexico

The U.S. Department of State has advised the AILA that the nonimmigrant visa applications by U.S.-based TCN are available as of now as follows:
Posts in Canada:
Calgary: All visa categories (except E, K and V).
Halifax:: B, F, and G categories only.
Montreal: B, F, H, J, L, O, P, and R categories only.
Ottawa: All categories (except E and V).
Quebec: B, F, J, M, and R categories only.
Toronto: All categories (except K and V).
Vancouver: All categories (except E, K, and V).
Border Posts in Mexico:
Matamoros: All categories (except B,E,K, and V)
Nogales: All categories (except B,E,K,and V)
Nuevo Laredo: Currently suspended, but plan to reopen soon for all categories (except B, E, K, and V).
Ciudad Juarez: Only those in F-1 category for continuing students in a full-time degree program who can demonstrate that their initial F-1 or B-2 Prospective Student visa was issued in their home country.
Tijuana: All categories (except E visas).

Caveat:
TCN applications are not available for people from 7 State Sponsors of Terrorism (Cuba, Iran, Iraq, Sudan, North Korea, Libya) or those subject to any of the other Special Processing Requirements imposed after 9/11.

TCN applications are not available if he/she is out of status.

Automatic visa revalidation is not available for return to the U.S. if the TCN applications were denied by the consulates. Accordingly, unless he/she has a valid visa, he/she will not be able to return to the U.S. just using a valid I-94. The guarantee of return to the U.S. within 30 days from the trip to Mexicoa/Canada is not available. Consequently, those who do not have a valid visa to return to the U.S. will take a risk by applying for a visa as a TCN in Canada/Mexico.

Availability of TCN visa applications at the border posts constantly changes. People should check with each consulate for the up-to-date information before planning on a TCN application.

 

[vault]

Ginnu,

Are you saying that if he/she is not from one the 7 countries, and has a valid I-797 (H-1B) with an I-94 which is valid till say 12/2004, and he/she has an H-1B stamp has expired in the passport will be allowed to cross the border just based on the approval notice? This is assuming that he/she did not apply for a VISA at the consulate.

 

[nkm-oct23]

Originally posted by vault
Ginnu,

Are you saying that if he/she is not from one the 7 countries, and has a valid I-797 (H-1B) with an I-94 which is valid till say 12/2004, and he/she has an H-1B stamp has expired in the passport will be allowed to cross the border just based on the approval notice? This is assuming that he/she did not apply for a VISA at the consulate.

My understanding of this notice is:

1. If you are form any one of the 7 ocuntries OR from any country subject to special registration, YOU CANNOT APPLY FOR A VISA IN CANADA.

 

[nkm-oct23]

Originally posted by vault
Ginnu,

Are you saying that if he/she is not from one the 7 countries, and has a valid I-797 (H-1B) with an I-94 which is valid till say 12/2004, and he/she has an H-1B stamp has expired in the passport will be allowed to cross the border just based on the approval notice? This is assuming that he/she did not apply for a VISA at the consulate.

and,

2. If you do not have a valid visa AND a valid I-797 you cannot return to US from a trip to Canada. Looks like if US consulate in Canada denies your visa, you CANNOT return to US unless oyu already had a valid visa to begin with.

 

[ginnu]

Are you saying that if he/she is not from one the 7 countries, and has a valid I-797 (H-1B) with an I-94 which is valid till say 12/2004, and he/she has an H-1B stamp has expired in the passport will be allowed to cross the border just based on the approval notice? This is assuming that he/she did not apply for a VISA at the consulate.
---------------

Vault, According to Department of state Automatic Visa still exist if the person has NOT applied for Visa in Canada and got rejected.

 

[vault]

Man, this is so wired. I have called the BCIS folks at Lewiston bridge 3 times. They keep saying that I need a valid visa in the passport to get into US. I am getting conflicting information from the State Department.

 

[sd1975]

Originally posted by vault
Are you saying that if he/she is not from one the 7 countries, and has a valid I-797 (H-1B) with an I-94 which is valid till say 12/2004, and he/she has an H-1B stamp has expired in the passport will be allowed to cross the border just based on the approval notice? This is assuming that he/she did not apply for a VISA at the consulate.

It basically works like that. If you go to Tijuana nobody collects I94 from you. On the way back nobody gives you a new one unless you ask for it. They just check your passport and your you identity and let you go.