Temporary Freeze on NIVs at Consulates in Canada and Mexico
Posted Nov 19, 2001

Note: We only post information received officially from sources like the U.S. Department of State (DOS) and the American Immigration Lawyers Association (AILA). If certain consulates in Canada and Mexico have decided to accept NIV appointments made prior to November 16, 2001, we will post this only after we hear from official sources. You should check with the concerned consulate in Mexico or Canada to confirm if you your NIV interview will be conducted on the scheduled date and time.

Some of you have already called and eMailed us at The Law Office of Sheela Murthy concerning the border posts’ in Canada and Mexico no longer accepting non-immigrant visa (NIV) applicants for issuance of NIVs. The U.S. Department of State (DOS) has indicated that a temporary freeze is in effect as of November 16, 2001 on processing non-immigrant visas for third country nationals (TCNs) at the consulates in Mexico and Canada. Although the DOS has stated that this is a temporary measure, at present we have no information on how long this measure will remain in effect. All NIV appointments previously set up will therefore be cancelled effective immediately.

According to the DOS, the decision is due to the fact that the INS may be changing its border practices for security reasons and they want to work in harmony with the INS. After September 11, 2001, the INS is apparently reconsidering its policy of readmitting non-immigrants to the U.S. after a stay of less than 30 days in Canada or Mexico. It is not clear whether this restriction on re-entry will apply only to nationals of the 26 countries subject to additional security clearances or if the restriction will apply to all countries nationals on NIVs. Apparently, DOS does not want to overwhelm Canada and Mexico with an undue number of NIV applicants whose cases are pending due to background and security checks and some of whom may not be readmitted to the U.S. as a result of those checks.

Both the on-line NIV appointment system and the 900 telephone number of the DOS for scheduling NIV interviews at the border posts are suspended until further notice. The DOS Visa Office is increasing its staff for revalidation of visas at St. Louis, MO, in anticipation of an increase in the NIV processing workload within the U.S. caused by this recent policy change and by the upcoming holiday season travel.

MURTHYBULLETIN and MurthyDotCom readers planning to travel to Canada or Mexico and apply for the non-immigrant visa during the Thanksgiving Holidays or soon thereafter may now want to cancel those plans, if the sole reason for the travel was to apply for the visa stamp, like the H1B visa, at one of the border posts.