U.S. Consular Mission in Mexico Announces Important Changes to Visa Application Policies and Procedures

November 21, 2008 by Thomas Esparza  
Filed under Families

According to the , visa appointments for all U.S. Consulates in Mexico can now be made on-line or through a central phone service number. While the streamlining of appointment processes and procedures into two standardized application protocols is indeed welcome, further restrictions on certain visa applicants – individuals considered to be third country nationals (TCNs) – have also been announced.

 

All U.S. visa applicants who wish to apply for a visa at any Consular post in Mexico can now schedule via  or by calling 1-900-476-1212. The procedures for visa appointments and procedures for Nuevo Laredo and Monterrey vary slightly from are the other Consulates in Ciudad Juarez, Guadalajara, Hermosillo, Matamoros, Merida, Mexico City, Nogales, and Tijuana. For example, the Consulates in Nuevo Laredo and Monterrey require visa applicants to schedule appointments at both at the Application Support Center (ASC) and at the U.S. Consulate.

 

In concert with the formal announcement of centralized processing further restriction on the types of visas for which TCNs may apply in Mexico has been announced:

 

  • U.S. Consulates in Mexico will not issue B- 1/B-2s (including renewals) for any TCNs.
  • U.S. Consulates in Mexico will not issue a U.S. visa to a TCN where the individual has changed status in the U.S. and seeks to re-enter in the new category (e.g. entered as an F-1 student, changed status to an H-1B and now wishes to obtain an H-1B visa).
  • U.S. Consulates in Mexico will not issue a U.S. visa in a category different from that granted in the applicant’s country of last residence (e.g. entered the U.S. as an L-1 and now have an H-1B approved but were not granted a change of status in the U.S.)
  • U.S. Consulates in Mexico will not issue a visa to a TCN who has been out of status in the U.S. as a result of violating the terms of their visa ( e.g. an H-1B who did not work for the petitioning employer) or an applicant who overstayed his/her I-94 card.
  • U.S. Consulates in Mexico will not issue a visa to a TCN who last entered the U.S. under the  and now wishes to apply for a U.S. visa.
  • U.S. Consulates in Mexico will not issue a visa to a TCN who obtained his/her current visa in a country other than that of his/her last foreign residence.
  • U.S. Consulates in Mexico will not issue a visa to a TCN who is subject to NSEERS or who is a national of North Korea, Cuba, Syria, Sudan or Iran.

 

TCN applicants with straight-forward visa extensions (previously admitted in same visa category, no maintenance of status issues) will continue to be excellent applications to present in Mexico, as will straight-forward changes of employer (H-1B to H-1B) where there are no gaps in status. However, where a change of status has been granted in the U.S. (such as F-1 to H-1B), applying in Canada may be a better choice based on the newly enumerated criteria. In determining the best location to apply for a new visa, it is best to consult with an attorney.

Please note that many TCNs will require a Mexican visa to travel to Mexico and should consult these requirements prior to making any travel plans. Additionally, some U.S. visa applications will require additional administrative processing which will delay the adjudication of the visa application and the applicant will be unable to return to the U.S. will the processing is on-going.

 

Finally, all visa applicants in Monterrey and Nuevo Laredo (as well as Montreal and Vancouver in Canada) are required to complete and submit Form DS-160 on-line.

This information provided is not intended to replace the advice of an attorney but is merely provided as a public service. Each immigration case is different. For more information, consult with Thomas Esparza, Jr., Board Certified Specialist in Immigration and Nationality Law with more than 32 years of experience.