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NIV applications in Canada and Mexico

Discussion in 'Nonimmigrant Visa Applications' started by Ron Gotcher, Aug 25, 2008.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Existing policy allows nonimmigrants to apply for visas in Canada or Mexico under certain circumstances, even if they do not reside in either of those countries. The basic law governing jurisdiction is found at 22 CFR 41.101(a):


    The Department of State has provided the following instructions to its visa officers in this regard:


    There is also a special provision in the law that allows nonimmigrants with valid I-94 documents to return from visits to Canada or Mexico of 30 days or less to enter without a currently valid visa. This procedure, known as "automatic visa revalidation" is very useful, but does not apply when someone visits Canada or Mexico for the purpose of applying for a visa.

     

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