| 1. | Can I apply for a United States visa in Canada or Mexico? |
| The United States Consulates in Canada and Mexico will issue nonimmigrant visas to Third Country Nationals (TCN's) under certain limited circumstances. Canadian Landed Immigrants may apply to a Canadian Consulate if they have resided in the consular district for at least six months. Other Third Country Nationals may be issued nonimmigrant visas if they have been previously issued a visa for the same classification by the consulate in their home country, and/or their post-secondary education was obtained in Canada or Mexico. Nonimmigrant visa applicants from China, Korea and Russia are strictly scrutinized by the United States Consulates in Canada and are often denied. Please note that, as of April 1, 2002, if you apply for a visa in Canada or Mexico and are denied, or issuance is delayed due to the necessity of a background check, you will not be allowed to re-enter the United States until you can obtain a valid visa. This means that if you are denied the visa you will have to obtain the visa from the United States Consulate in your country of citizenship or last place of residence before you can re-enter the United States It is important to contact the Consulate to which you will be applying well in advance to find out its specific procedures and eligibility requirements. Information about the United States Consulates in Canada and Mexico can be obtained from their United States Embassy websites (www.usembassycanada.gov/; www.usembassy-mexico.gov/). These Consulates generally require appointments, which can be made on the Internet at: www.nvars.com, or by calling (900) 443-3131 (from the U.S.). Please wait at least five business days after making your appointment before leaving the United States to allow the Consulate time to assess whether you will be required to undergo a background check and contact you to cancel the appointment if necessary.
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| 2. | Can I still mail in my passport to renew my visa? |
| NO. The Department of State discontinued its mail-in visa revalidation program on July 30, 2004 due to the new requirements for collection of biometrics from applicants. All foreign nationals must now apply for visas at a United States Consulate abroad without exception.
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| 3. | For persons in nonimmigrant status, what travel documents are needed to return to the United States after travel abroad? |
| Most nonimmigrant status holders must have a valid passport stamped with valid visa reflecting their current status (e.g., H-1B, L-1) in order to re-enter the United States. Citizens of countries designated by the Department of State as state sponsors of terrorism (currently: Iran, Syria, Libya, Sudan, North Korea and Cuba) must always have a valid visa stamp in their passport in order to enter the United States. Canadian citizens are not required to obtain visas for most nonimmigrant classifications but must have an original USCIS Form I-797 Approval Notice or a valid Multiple Entry I-94 card. If you are not a Canadian citizen and do not yet have a visa stamp in your passport reflecting your current status in the United States, you will need to apply for one at a United States Consulate prior to returning to the United States, with one exception (see below).
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| 4. | I am a Lawful Permanent Resident (Green Card holder). What travel documents do I need in order to be re-admitted to the United States after travel abroad? |
| Permanent Residents need a valid passport and a Permanent Resident Card (a.k.a. Resident Alien Card, Green Card or I-551) to re-enter the United States after trips abroad of short duration. Persons who have just been granted permanent residence and have not yet received their Green Cards should obtain an I-551 stamp from their local USCIS office as proof of their permanent residence. Permanent Residents who will be the United States for a period of more than six months should obtain a Re-entry Permit from USCIS to facilitate your re-entry into the U.S. The Re-entry Permit, which is valid for up to two years, MUST be filed BEFORE you leave the United States.
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| 5. | I have a pending application for Adjustment of Status to permanent residence (I-485). What travel documents are required in order for me to be re-admitted to the United States after travel abroad? |
| Persons with pending Adjustment of Status (I-485) applications must normally first obtain Advance Parole from the USCIS before leaving the United States. To obtain Advance Parole, you file Form I-131 with the USCIS and provide information about the purpose of your travel; destination, and dates of travel. Alternatively, if you remain in valid H-1B or L-1 status and have a valid visa stamp, you may apply for readmission by using your valid passport, visa stamp and a letter from your employer and/or a recent pay stub indicating that you are returning to your previously approved employment.
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| 6. | I have an un-expired H or L visa in my passport but have since changed employers in the United States. Do I need a new visa to re-enter the United States after travel abroad? |
| You do not need a new visa merely because you changed employers. As long as the visa in your passport has not expired and was issued for the same visa classification that you now hold, it remains valid for re-entry. However, you will need to carry your current I-797 Approval Notice and I-94 card, as well as a letter from your current employer and/or a recent pay stub to prove that you are re-entering in valid nonimmigrant status.
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| 7. | My nonimmigrant visa stamp in my passport has expired or is about to expire; how do I get a new visa stamp? |
| Nonimmigrant visas must be obtained from a United States Consulate outside of the United States, generally in the applicant's country of citizenship or last place of residence. In the wake of September 11, the Department of State has instituted significant changes to visa issuance procedures, including requiring nearly all applicants to personally appear for an interview in order to be fingerprinted and photographed before a visa will be issued. Although appointments are now required by nearly all United States Consulates, each consulate maintains its own unique set of procedures, requirements and timelines, which are often subject to change without notice. Furthermore, applicants that meet certain criteria may be subject to additional security clearances that can take up to 20 days to complete. Therefore, it is important to contact the Consulate well in advance of the need to travel. Links to the websites of United States Embassies and Consulates abroad can be found on the Department of State website at http://travel.state.gov/.
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| 8. | What is "automatic visa revalidation? Is it still allowed? |
| Automatic Visa Revalidation allows certain foreign nationals residing temporarily in the United States to re-enter the United States after brief trips to Canada or Mexico, despite having an expired visa. Automatic revalidation is still available, but the eligibility requirements were made much stricter on April 1, 2002. The current eligibility requirements are: a) You are not a citizen of a designated state sponsor of terrorism (see above); b) You are applying for readmission only after a trip only to Canada or Mexico that did not exceed 30 days; c) You have maintained and intend to resume nonimmigrant status; (If you are in H or L status you may be required to prove this by providing a letter from your United States employer and/or recent pay stubs); d) You are applying for readmission within your period of authorized stay (i.e., you have a valid, un-expired I-94 card); e) You have a valid passport; f) You are otherwise admissible to the United States (i.e. you do not need a waiver); and g) You have not applied for a new visa while in Canada/Mexico.
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| 9. | What is the difference between a "visa" and nonimmigrant "status"? |
| Nonimmigrant "status" is a temporary legal status that is granted to a foreign national by the Department of Homeland Security, either when entering the United States or via a mail-in application procedure if the foreign national is already legally in the United States. A nonimmigrant "visa" is a travel document that is stamped into a passport that allows a foreign national to enter the United States. Visas are issued by the Department of State at United States Consulate abroad, usually in the foreign national's country of citizenship or permanent residence. Visas correspond with a nonimmigrant classification. In the case of most work-authorized visa classifications (e.g. H-1B), a visa may not be issued without prior USCIS approval of the nonimmigrant classification.
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