NEW POLICY for your visa application
The American Immigration Lawyers Association [AILA] has notified us that the US Department of State has temporarily suspended the processing of visa applications from 'third country' nationals not resident in Canada or Mexico. It was emphasized that this was a temorary measure. Therefore, anyone who already had a consular appointment will have their appointment automatically cancelled by the State Dept., and those who planned to make such an appointment are advised against going to Canada or Mexico for visa purposes until further notice. Those individuals NOT needing a new visa who are traveling to Canada or Mexico for other purposes are NOT affected by this temporary change. The message we received follows below: November 19, 2001 - State Dept. Suspends TCN Processing in Mexico & Canada The State Department's Visa Office Managing Director has informed Kathleen Walker, chair of AILA's State Department Liaison Committee, 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 readmission 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. Subject: DOS Suspends TCN Processing The Department of State has advised that it is temporarily: 1) Suspending the on-line nonimmigrant visa appointment system and the 900 number appointments for third country national (TCN) processing at border posts as of 11/16/01. It appears that the suspension is across the board for all nationalities at the moment. 2) 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 State Department's response to concerns that applicants at border posts have no way of knowing if 22 CFR 41.112(d) will still be applied to the supposed list of 26 countries whose nationals are subject to additional clearances, as reported in the press last week but treated as classified information by DOS. Please note that more than the 26 countries reported may be involved. According to DOS, 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. AILA is advocating that at least normal procedures apply. Normal procedures would involve two trips to the consulate: the first resulting in a 221(g) denial while clearance is pending. Then the applicant, if eligible, could return to the U.S. under 22 CFR 41.112(d). Once the clearance is completed, the applicant would then return to the consulate. 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, care must be taken that applicants are not stranded in Mexico or Canada. 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. Please watch InfoNet for new information on this subject as it arises. Mark Wentzel, Director
International Services, U-83 UConn, 450 Whitney Road Extension Storrs, Conn. 06269 486-3855, Fax: 486-5800 E-Mail: mark.wentzel@uconn.edu ===============================================================================
Urgent Policy Change regarding visa issuance to Third Country Nationals
On 11/19/01, the State Department's Visa Office Managing Director has informed Kathleen Walker, chair of AILA's State Department Liaison Committee, 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. All appointments made by people using the 900#s are apparently canceled.
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 readmission 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 State Department needs to consult with the INS to determine how 22 CFR 41.112(d) will be implemented in the wake of the new security policy. 22 CFR 41.112(d) allows certain people with valid I-94s to reenter the US on the original I-94 if they re-enter the US within 30 days. The State Department does not want applicants whose visas are on hold to be able to reenter the US during the hold period until it works out a coordinated policy with the INS.
On morning of 11/20/01, in an email that raises more questions than it answers, the State Dept. has advised AILA's State Department Liaison Committee that the post in Mexico City "has taken away from the call center the ability to make NIV appointments for TCNs. 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. Thus, while the NVARS appointment system, the 900 number system, and the Mexico City number for Mexican posts not on the 900 or NVARS system 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 DOS, "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." DOS continues to emphasize that this is a short-term measure. We hope to learn the meaning of "short-term" shortly.
AILA is attempting to obtain clarification on a number of issues related to the question of third country nationals obtaining visas in Mexico and Canada such as: how cases for which appointments already are set will be handled, if the cable regarding the additional security checks will be declassified, if DOS will back off the appointment bar for certain nationalities or types of cases, and how INS will handle reentry after the appointment, particularly if the individual is subject to the additional security checks that have been widely reported. More information will be posted as it is obtained.
Bottom Line: Unless you are a citizen or a permanent resident of Canada or Mexico, DO NOT go to any US Consulate in Canada or Mexico, EVEN IF, you have an appointment scheduled thru a 900#, because you will be denied the visa. Further, you will also not be allowed to re-enter the US merely using your I-94 (such as in an H1 approval notice Form I-797A), because this practice is also suspended.
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【为了方便中文读者】(美国)
国务院警告,非加拿大与墨西哥国籍的人士,本周如果企图到此两国家申请「第三国签证」的话,可能会被困在此两国家回不来。
许俊良律师表示,国务院已通知全美移民律师协会,目前已经暂时停止所有国家的人,透过网路以及900电话预约到加拿大或墨西哥申请「第三国签证」。这项禁令至少将持续至本周末(十一月二十五日)有效。
国务院并指出,已经通知预约「第三国签证」的申请人,延后他们的面谈时间。
这项决策,是延续国务院先前要将阿拉伯以及幕斯兰国家申请签证者延后二十天的决策。可是,这个决策含括面更广,包含了全世界国家的签证申请者,而非只有阿拉伯以及幕斯兰国家申请签证者。
国务院需要和移民局讨论如何将22 CFR 41.112(d)法规运用于新的安检措施。22 CFR 41.112(d) 允许持有有效的I-94卡的人,可以利用原来批准的I-94卡回到美国,只要是在离境时间三十天之内回来的话。国务院不愿意在和移民局商讨出对策以前,让那些签证申请被暂时「冻止」的人,还能够利用此一规定返回美国。