State Department Temporarily Prohibits Third Country Processing
The State Departmentís Visa Office has notified the American Immigration Lawyers Association that US consulates will stop the practice of issuing visas to third country nationals who are not residents of the consular district. According to the State Department, this is a temporary measure, but most existing appointments for nonimmigrant visas are being cancelled. The consulate at Ciudad Juarez is the only one that has said it will continue to honor existing appointments.
The State Department says this change in procedure is due to its concern that the INS may be changing its practices regarding temporary visits to Canada and Mexico. Currently, nonimmigrant visitors to the US may make visits of up to 30 days to Canada and Mexico without being required to obtain a new I-94. If the INS changes this practice, people who go to Canada or Mexico to obtain a new visa and are denied would not be allowed to reenter the US, and the State Department says it does not want to burden the two countries.
Readers are warned that if they are not a national of the border country where they seek to process a visa, they may end up stranded outside the US.
The State Department is taking this step in the wake of its recent decision to hold visa petitions for applicants from a number of Arab and Muslim countries for up to 20 days. However, this policy covers ALL applicants and not just Arab and Muslim applicants.
The State Department needs to consult with the INS to determine how 22 CFR 41.112(d) will be implemented in the wake of the new security policy. 22 CFR 41.112(d) allows certain people with valid I-94s to reenter the US on the original I-94 if they re-enter the US within 30 days. The State Department does not want applicants whose visas are on hold to be able to reenter the US during the hold period until it works out a coordinated policy with the INS.
In the mean time, the State Department is increasing resources to handle applications for visa renewals made from within the United States.
About The Author
Gregory Siskind has experience handling all aspects of immigration and nationality law and has represented numerous clients throughout the world. Mr. Siskind provides consultations to corporations and individuals on immigration law issues and handles cases before the Immigration and Naturalization Service, the Department of State, the Department of Labor and other government agencies. Gregory Siskind is also committed to community service. He regularly provides free legal services to indigent immigration clients and speaks at community forums to offer information on immigration issues.
After graduating magna cum laude from Vanderbilt University, Gregory Siskind went on to receive his law degree from the University of Chicago. For the past several years, he has been an active member of the American Immigration Lawyers Association and he currently serves as a member of the organization's Technology Committee. He is the current committee chair for the Nashville Bar Association's International Section. Greg is a member of the American Bar Association where he serves on the LPM PublishGregory Siskind has experience handling all aspects of immigration and nationality law and has represented numerous clients throughout the world. Mr. Siskind provides consultations to corporations and individuals on immigration law issues and handles cases before the Immigration and Naturalization Service, the Department of State, the Department of Labor and other government agencies. Gregory Siskind is also committed to community service. He regularly provides free legal services to indigent immigration clients and speaks at community forums to offer information on immigration issues.
Greg regularly writes on the subject of immigration law. He has written several hundred articles on the subject and is also the author of the new book The J Visa Guidebook, published by Matthew Bender and Company, one of the nation's leading legal publishers. He is working on another book for Matthew Bender on entertainment and sports immigration.
Greg is also, in many ways, a pioneer in the use of the Internet in the legal profession. He was one of the first lawyers in the country (and the very first immigration lawyer) to set up a web site for his practice. And he was the first attorney in the world to distribute a firm newsletter via e-mail listserv. Mr. Siskind is the author of the American Bar Association's best selling book, The Lawyer's Guide to Marketing on the Internet. He has been interviewed and profiled in a number of leading publications and media including USA Today, the New York Times, the Wall Street Journal, Lawyers Weekly, the ABA Journal, the National Law Journal, American Lawyer, Law Practice Management Magazine, National Public Radio's All Things Considered and the Washington Post. As one of the leading experts in the country on the use of the Internet in a legal practice, Greg speaks regularly at forums across the United States, Canada and Europe.
In his personal life, Greg is the husband of Audrey Siskind and the proud father of Eden Shoshana and Lily Jordana. He also enjoys collecting rare newspapers and running in marathons and triathlons. He can be reached by email at GSiskind@visalaw.com
Amy Ballentine is an associate in Siskind, Susser & Haas's Memphis, Tennessee office. She graduated Cum Laude with a Bachelor of Arts degree in English Literature from Rhodes College in 1994. While in law school at the University of Memphis she was a member of the law review staff as well as a published author. She also worked with the local public defenderís office in death penalty cases. In May 1999, she graduated Cum Laude from the University of Memphis Law School. She is a member of the American Immigration Lawyers Association. She can be reached by email at firstname.lastname@example.org