On November 19, 2001, the State Department said that the practice of allowing Third Country Nationals (TCNs) to apply for visas at U.S. consular offices in Canada or Mexico has temporarily been suspended. However, for TCN applicants who already scheduled nonimmigrant visa interviews prior to this announcement, it appears that posts in Canada and the consulate in Ciudad Juarez, Mexico will honor many of these appointments and will most likely notify TCNs at least a few days in advance if the interview has been cancelled. Such cancellations are likely to occur if the post deems that the TCN requires additional background clearances before a visa can be issued.

At this time, if a TCN has already scheduled a nonimmigrant visa interview with a U.S. embassy or consulate in Canada or Mexico, that post should be contacted immediately to verify whether or not the appointment will be cancelled before the person makes a trip outside the United States. However, TCNs should exercise caution even if they are still allowed to apply for their U.S. nonimmigrant visas at a post in Canada or Mexico because the U.S. State Department has also indicated that the INS may change the regulation that has allowed certain TCNs to re-enter the United States from Canada or Mexico without a visa under certain circumstances. It is therefore strongly recommended that any travel plans to Canada or Mexico by a TCN who does not already have a valid U.S. visa be discussed with the immigration attorney in advance as information regarding border crossings and visa appointments now changes on an almost daily basis.

Madeline Fain Ellis, Attorney
Berry, Appleman & Leiden LLP
Northern Virginia Office