 [The
firm is] well known for consular
processing and State Department
work and has an excellent
reputation.
—Who’s
Who Legal
2008 California Edition
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Consular
processing for third country nationals
(TCNs) at border posts is a complex
and highly specialized field of U.S.
immigration law. Applicants
should be aware of the significant
risks, including potential delays
for security clearances, denials
and most important, the inability
to return directly to the U.S. if
rejected. The advice of an
experienced attorney is highly recommended
as he/she will be able to research
post policy, thoroughly review the
applicant's immigration history
and status, properly prepare the
visa application forms and supporting
documents, and be available to represent
the applicant at the visa interview.
Despite the potential risks, TCN
processing in Canada and Mexico continues
to be a highly desirable option.
Most TCN posts are experienced with
NIV applications, appointments are
readily available and attorneys are
often able to represent their clients
in this complex area of practice. Visas
are generally issued on within a
day of the interview.
There are several border posts in
Mexico and Canada. In Canada,
the choices include U.S. Consulates
in Vancouver, Calgary, Toronto, Montreal,
Halifax, Quebec, and the U.S. Embassy
in Ottawa. In Mexico, there
are consular posts in Tijuana, Nogales,
Nuevo Laredo, Ciudad Juarez, and
Matamoros. Each post varies
in terms of their rules and policies
regarding eligible visa categories,
attorney representation, interpreters,
and visa issuance processing time.
Many border posts limit TCN visa
applications to renewal of
same category visas and often have
restrictive policies on applicants
who initially enter on a B-1/B-2
visa and subsequently change status
to student or a work category, regardless
of whether they have a change of
status approval issued by U.S. Citizenship & Immigration
Services (CIS).
It is always best to apply before
the current visa expiration date.
Applicants should consider applying
for an extension at least 90 days
prior to the expiration of their
current, valid multiple-entry visa.
When applying for a change of status
from F or J to either H, L, O, or
P, applicants may enter the U.S.
10 days prior to the commencement
of the start date listed on their
Form I-797 Approval Notice.
Contact us to inquire about our professional assistance.
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