U.S. Immigration Explained Blog

U.S. border countries have recently revised their policies regarding TCNs (Third Country Nationals). Primarily, people wishing to apply for a new visa in Mexico who were not born there will not be permitted to do so. For instance, if you are Japanese and wanted to get a new U.S. visa at a consular office in Mexico, you would be considered a TCN and denied. However, if you are wishing to renew your U.S. Visa that was originally issued in Japan, you could do so at a consular post in Mexico. Furthermore, if you hold a B-1 or B-2 (temporary visitor visa) and are not a Mexican citizen, you can not renew these visas at a U.S. Consulate in Mexico.

To illustrate this, let’s say Kim was born in Japan and came to the U.S. with an F-1 student visa obtained in Tokyo. Then he changed his status to H1B (specialty occupations) while in the U.S.. If Kim went to a U.S. Consulate in Mexico, he would not be permitted to receive his H1B visa unless he first applied for it in Japan.

To continue this example, Kim acquires an F-1 student visa while in Tokyo. Then he travels to the U.S.. Later, Kim returns home to Japan and marries Wi, who has an H1B status. Kim gets an H-4 visa (for family members of one with an H-1 visa) while in Tokyo. He returns to the U.S. Kim can now go to Mexico and apply for a new H-4 visa once it expires. However, he can’t apply for an H1B visa even if he had H1B status in the U.S.. To do this, Kim would first have to return to Japan and obtain his H1B visa stamp.

Similar restrictions on TCNs apply to those who are on the Visa Waiver Program or who have received a visa in a country other than their birth place. Likewise, they are ineligible if they were identified on NSEERS (National Security Entry/Exit Registration System) when they got their original visa, or are from Cuba, Iran, North Korea, Sudan or Syria.

Fortunately, for those traveling to Canada, such restrictions do not apply. However, as a general rule, TCNs are advised against applying for new visas in a country other than their nation of birth. For nonimmigrant visa appointments in Canada at a U.S. consulate office, be aware that officers can deny your application. This often occurs when consulates can not sufficiently review and verify an applicant’s foreign credentials when seeking a new visa.

The best policy is to apply for your visa stamp in your home country before traveling abroad. Furthermore, it is best to check the website of the U.S. consulate under consideration before traveling to comply with their policies and regulations. TCNs are often required to return to their home country if applying for a new visa in Canada or Mexico. Worst of all, if a visa is denied in Canada or Mexico, you might not be allowed back in the U.S. without first applying in your home country.

If you have any questions about the TCN policies in Mexico or Canada or any other immigration matter, you are strongly advised to consult with a qualified immigration attorney. Doing so can save you greatly from expense and disappointment.

Tags: Canada, Citizenship, Green Card, Immigration, immigration attorney, immigration lawyer, Mexico, TCN, US Citizenship, Visa, visas