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News Articles 4 Jun 2002 Nonimmigrant Visa Denial in Canada and Mexico Can Prohibit US Entry The North American Free Trade Agreement, a treaty between the US, Canada and Mexico, has traditionally permitted persons who have a US visa, a current I-94 card, a current passport, and who are in Canada or Mexico for less than 30 days, and who do not fly to another country while in Canada or Mexico, to return to the US. This is permitted even if the prior issued temporary Consular Visa (H-1B, F-1, etc.) is expired, or is valid for a different category than is the I-94 card. This process is termed automatic visa revalidation. In response to the attack on New York City on September 11, 2001, the US Immigration and Naturalization Service (INS) has, as of April 1, 2002, instituted a new policy which prohibits persons who are denied Visa extensions petitions at a US Consulate/Embassy in Canada or Mexico from returning to the US under the automatic visa revalidation provision. This does not void the entire provision, but does mandate that persons who have applied for and were denied nonimmigrant visa extensions in Canada or Mexico to fly to their country of origin/citizenship before a US entry will be permitted. Also, no US entry is permitted while the US Consulate/Embassy is processing the visa application.

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Nonimmigrant Visa Denial in Canada and Mexico Can Prohibit US Entry