Explanation of not being able to apply for a third country visa [United States]

I just glanced at the original text of the State Council's third country visa. This regulation was actually implemented in March last year, and now it has become a formal regulation since August 18. So it's not that you can't get a third-country visa, but that you can't return to the United States with automatic re-entry.

Link to the original text of the State Council

"In other words, before going to a third country, the applicant must ensure that he has a valid non-immigrant visa and can return to the United States even if he is rejected." This shouldn't mean that you can't get a visa to a third country, but if your application to a third country is rejected, you can't come back. This seems to be implemented from 9 1 1.

The following is another article about visas for third countries:

The State Council revises the detailed rules of visa application for a third country (written by lianglaw.com Liang Yong Law Firm)

In order to meet the needs of national security and effectively manage non-immigrant visa applicants, the State Council finally adopted the Third Country Visa Rules, which came into effect on April 1 2002, making it a federally registered regulation, and came into effect on August 6, 2003.

This new law mainly restricts the privileges of automatic entry visas, which can be divided into the following two aspects:

1) Those who apply for a non-immigrant visa at the American consulate in Canada or Mexico will not be able to return to the United States if the visa is refused by consular officials, so those who intend to use a third country to obtain a non-immigrant visa should be prepared not to return to the United States.

In the past, foreigners could apply for non-immigrant visas at American consulates in other countries, which is the so-called third-country visa. Apart from not being able to apply for a visa in your original place of residence for political, religious or racial reasons, the advantage of a third country visa is that you can return to the United States in case you can't get a visa. At the same time, because the American consul in a third country can't investigate the background information of the applicant, the chances of obtaining an American visa are higher.

In addition, even without a valid visa, applicants can re-enter the United States as long as they have a valid I-94 card and return to the United States within 30 days after leaving the United States for Mexico or Canada.

Once a non-immigrant visa applicant gets a visa, he can use it after leaving the United States and returning to the United States, thus avoiding the risk of not getting a visa in a country other than Mexico or Canada. Therefore, for those who are unwilling or unable to return to their original residence to apply for a visa, a visa to Canada or Mexico is an alternative.

However, from August 18, 2003, applicants must ensure that they have a valid non-immigrant visa before they can obtain a third-country visa, so as not to be unable to return to the United States after being rejected by consulate officials.

2) People considered by the United States to support terrorism, even if they hold valid I-94 cards for short-term travel, will be banned from entering Canada and Mexico instead of applying for visas in third countries, including Iran, Iraq, Syria, Libya, Sudan, North Korea and Cuba.

As for holders of valid I-94 cards, the purpose of going to Canada or Mexico is a short-term trip within 30 days, rather than applying for a visa to a third country, which will not be affected. For example, if you only travel to Vancouver for a short time instead of applying for a visa, you can return to the United States with a valid I-94.

I would like to remind those who intend to apply for a non-immigrant visa in Mexico or Canada to evaluate the possibility and risk of obtaining a visa first, so as to avoid being stuck at the border and not coming back.

(Copyright: lianglaw.com Liang Yong Law Firm)

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