Third-Country National Consular Processing of Non-Immigrant Visa Applications in Canada and Mexico

Consular processes of non-immigrant visas (NIVs) for Third Country Nationals (TCNs) at posts in Canada and Mexico presents complex and highly specialized issues. Attorneys and visa applicants should be aware of the potential benefits as well as the risks relating to re-entry to the United States subsequent to a visa application in a third country.

Potential benefits include that proximity of a Canadian or Mexican consular post to the United States may reduce travel costs and time away from U.S. responsibilities. Also, security checks may actually take less time to clear in a third country with fewer applicants requiring clearances than the same application made at home (for example, a Pakistan citizen applying in Ottawa may face a shorter wait than he or she would face in Islamabad). Finally, if there is an issue at the post, it may be easier for counsel to effectively communicate with a Canadian or Mexican post than with a more distant post in a different time-zone.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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