According to a recent policy change at the U.S. consulates in Mexico, third-country nationals (TCNs) who wish to apply for visas in new visa categories will not be permitted to apply in Mexico. TCNs generally are individuals who are of nationalities other than the country where the consulate is located. For example, an Indian or Chinese national seeking to obtain a visa at a U.S. consular post in Mexico is referred to as a TCN.

Most Visa Renewals Possible at U.S. Consulates in Mexico
Only TCNs seeking to renew visas initially issued in the applicant's country of former residence can apply for these visas in Mexico. This is a change in consular policy that was reported in our April 18, 2003 article, Cuidad Juarez Available for TCN Visa Processing. Additionally, B-1 or B-2 visitor visa holders who are not residents of Mexico may not obtain visa renewals at a consular post in Mexico.

Example 1 Sunita, an Indian national, enters the U.S. based upon an F-1 student visa obtained in Chennai. If she later changes her status to H1B in the U.S., she will not be eligible to request an H-1B visa at a consular post in Mexico without first doing so in India.

Example 2 Sunita enters the U.S. based upon an F-1 student visa obtained in Chennai. Later, she travels to India, marries Sudeep (who has H1B status) and returns to the U.S. based upon an H-4 visa obtained in Chennai. Sunita could request a new H-4 visa in Mexico, when her H-4 visa stamp expires. She could not request an H1B visa, even if she held that status legally in the U.S. or was eligible otherwise, unless she obtained her first H1B visa stamp in her passport from her home country, India.

Others Prohibited from Obtaining the Visa Stamp in Mexico
Other ineligible categories of TCNs are individuals who have entered on the Visa Waiver Program and applicants who obtained their visas outside their countries of legal residence. Also ineligible are those who were subject to NSEERS registration when they obtained their original visas, as well as nationals of North Korea, Cuba, Syria, Sudan, and Iran.

General Rules for Visa Applicants in Canada
While the rules in Canada do not contain all of the specific prohibitions for TCNs that apply in Mexico, TCNs are discouraged from applying for new visa categories outside of their home countries. When scheduling Nonimmigrant Visa Appointments at Canadian consulates, applicants are advised that consular officers may deny visa applications in new visa categories and recommend that applicants return to their respective home countries to apply. One reason for this is that consular officers in Canada may not be able to adequately review and verify required foreign documents to assess these applicants' eligibility for the new visa categories.

Conclusion: Double Check the Rules at the Specific Consulate
Since procedures and policies at consulates are subject to change, it is important prior to making any plans to apply for a visa "stamp" abroad to double check the website of the particular U.S. consulate. As evident, the rules can vary among consulates and between countries. If a visa is refused in Canada or Mexico, it is often not possible to return to the United States. A visa applicant in this situation frequently is asked to travel from Canada or Mexico directly to the home country. It is sometimes possible for the individual to obtain temporary entry on parole into the U.S., but this does not restore the prior nonimmigrant status. Whenever applying in Canada or Mexico, one should be prepared to travel to his/her home country consulate, in the event of a refusal.