Many people who have a nonimmigrant visa in the United States can extend their status or convert to a different nonimmigrant status. A non-immigrant status can allow him to stay in the United States and / or work legally if they have a work visa. However, if the current visa stamp on their passport has expired or is about to expire, they will need a new visa stamp before re-entering the United States. This is also true if they are going to travel abroad. It is important to understand that legal status and visa stamps are two different issues. See visa stamp and authorized stay for more details.
There are two options for stamping a person visa on a non-immigrant visa:
1st. Go to a neighboring country, such as Canada or Mexico.
2nd ed. Go to their home countries for Visa stamping.
If appropriate, many would prefer to go to Canada or Mexico because of its geographic proximity to the United States.
U.S. consulates in Mexico are located in the following cities::
- Ciudad Juarez
- Nuevo Laredo
All these U.S. consulates are collectively referred to as border posts.
Please note that the visa stamping process in Mexico takes at least three days: one day for fingerprinting, another day for an interview and a third day for passport retrieval. However, it may take longer.
In general, Third-Country citizens (Tcns or non-Mexican citizens) living in the United States may be eligible to renew their visas in Mexico if they are renewed in the same visa category (except B-1, b-2, or H-2). You are eligible to obtain a stamped visa in Canada or Mexico if you have never been “out of the situation”. Form I-797, EAD card, form I-94, payment drafts, etc. you can use it. to prove his status. If you can’t prove you’re”in status “—or are actually”out of status ” —you need to go to your country of citizenship for Visa stamping.
If you are changing any non-F-1 (i.e. B-1, H-4, J-1) to H-1 status, you should consult an immigration lawyer before heading to Mexico for Visa stamping.
If you are not a Mexican citizen and are currently staying in the United States, you can apply for a new visa in Mexico for the following types of visas::
- Exchange visitors
- Temporary worker (H, L, O, P)
Additionally, the following categories of third country citizens (TCNs) may apply for a U.S. visa in Mexico:
- Third-country nationals who normally reside in a visa waiver program (VWP) country and have lost or stolen their biometric passports can apply in Mexico for a tourist (B-1/b-2) or transit (C) visa to return to their home country.
- Third-country nationals who normally reside in a country without visa exemption and have lost or stolen their visas can apply in Mexico to renew their tourist (B-1/b-2) visas to return to their home countries.
The following categories of third country citizens cannot apply in Mexico:
- If you want to obtain a visa for a visitor, transit, diplomat, treaty trader, treaty investor, H-1A, H-2A, H-2B or Q employee, you must apply for a visa in your country if you are not a Mexican citizen.
- There is no visa available for crew in Nuevo Laredo.
- You have never been “out of the situation” because you overstayed your visa or I-94.
- Third country citizens who are not residents of Mexico and apply for a B-1/b-2 visa (including B-1/b-2 renewals).
- Applicants entering the United States on a visa issued in their home country and seeking a new visa in a different visa category with USCIS in the United States.
- Candidates who enter the United States in a visa category and wish to re-enter the United States in a different visa category.
- Candidates entering the United States under the Visa Waiver Program.
- Applicants who receive their current visas in a country other than their legal residence.
- Candidates who report that they are subject to National Security Entry and Exit Records (NSEERs) when they receive the original visa in their home country)
- Citizens of North Korea, Cuba, Syria, Sudan or Iran.
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Such applicants may face difficulties applying for a visa outside their area during the interview. Often, visas can be refused because the consular officer may not be familiar with the documents in the applicant’s home country, or they believe that indicators of fraud are present in the applicant’s file.
Applicants can only re-enter the United States if they are found eligible for a new visa and actually have the visa stamped on their passport. I-94 forms accompanied by previously expired visas (even if valid) will no longer apply for people travelling from Canada or Mexico to automatically re-enter.
Additionally, if your application requires additional administrative processing, you may not be able to re-enter the United States until that process is completed. You should keep this in mind before deciding to go for Visa stamping in Canada or Mexico.