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A third country national ("TCN") who wishes to apply for a nonimmigrant visa at a U.S.
Consulate or Embassy in Canada or Mexico must make an appointment for an interview. Nationals
or citizens of countries designated as "state sponsors of terrorism", as well as other countries,
may be refused an appointment and can only apply for a visa at their home country consulate.
In addition, TCNs may be refused a visa on a case-by-case basis or encounter significant delays,
in which case they must either wait for completion of processing or apply for a visa at their home
country U.S. consulate.
Upon application for a visa at a U.S. Consulate or Embassy in Canada or Mexico, your passport will
be stamped with the notation "application received", making the Form I-94 invalid for reentry. Once
you have applied for a U.S. visa, you will not be able to reenter the U.S. until the new visa has
been granted. In other words, if you are not issued the new visa stamp at the Consulate or Embassy
in Canada or Mexico and your current visa stamp has expired or is for a different classification
(e.g., you have an F-1 stamp in your passport, but need an H-1B visa to enter in your new status),
you will not be allowed to return to the U.S. unless and until you obtain a new visa stamp. This may
require you to return to your home country to obtain a new visa. You should keep in mind that if you
do return to your home country to apply for a visa after a visa application is denied at a Consulate
or Embassy in Canada or Mexico, you could face delays at your home consulate until they can retrieve
information from the denying post.
Below are links describing who is eligible to make appointments, how to make appointments, and the
risk associated with applying for the visa at U.S. Consulates in Canada or Mexico.
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Applying for a visa at a U.S. border consulate (Canada & Mexico)
(U.S. State Dept)
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Travel warning: Security checks for U.S. Visa Issuance and Entry to the U.S.
(9/05)
The Canadian and Mexican governments may require that nonimmigrants of certain nationalities
obtain visas to enter Canada or Mexico. See links below for information on whether you need a visa.
We can also provide you with referrals to immigration attorneys who can represent you through
this process.
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