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Re-entry
into the U.S.
Most non-immigrants who have left the U.S.
need visas to re-enter the U.S. after their travels abroad with
the exception of Mexico and Canada. If an alien does not have a
valid visa and travels abroad, he/she must apply for a visa at a
U.S. Consulate abroad to return to the U.S. By not having a valid
visa, he/she faces the potential risk of having his/her visa application
rejected.
A Third Country Visa was designed to eliminate
this risk. Based on the federal regulation(22 CFR 41.112(d)), an
alien, even without a valid visa, can re-enter the U.S. within 30
days after his trip to Mexico or Canada, as long as the alien has
a valid I-94 form at the time of entry.
However, beginning on April 1, 2002, according to the new Interim
Rule adopted by the US Department of State, the Third Country
Visa applicants are no longer eligible for the benefits of the above-mentioned
rule. Namely, an alien may still apply for a non-immigrant visa
with a US consulate located in Mexico or Canada. But if he/she cannot
obtain the visa, he/she may not re-enter the US even he/she has
a valid I-94 form at the time of entry and stays in Mexico or Canada
within 30 days. In this end, there is no major advantage in applying
for the Third Country Visa compared to the visa application at the
US consulates in the alien's home country, because the Third Country
Visa applicant may face the same risk when he/she applies for the
visa in his/herhome country.
Therefore, we hereby strongly recommend that you evaluate your
situation carefully before you go for the Third Country Visa processing
and the importance of an experienced attorney's role in the Third
Country Visa processing can never be overemphasized at this stage.
We offer professional services in the Third Country Visa application
to help qualified aliens to apply. For more information on our Third
Country Visa services, please click
here.
For more information about Third Country Visa, please click the
following links:
Description
Procedure
Eligibility
Documents Required
Frequently Asked Questions about Third-Country
Visa
Successful Stories
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Articles & News on Third-Country
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