FAQs

Trips to Canada or Mexico

May I apply to re-enter the U.S. with an expired visa after a brief visit to Canada or Mexico?
Maybe. Initially, it will depend on the country of which you are a citizen; whether you applied for and were denied a visa during this visit; or whether you are in F-1, M or J-1 Nonimmigrant Status. Please note that you will not be permitted to re-enter the U.S. if you have a visa application pending at the U.S. consulate in Mexico or Canada; you may only enter the U.S. once your visa application has been approved. In rare circumstances a person may be able to re-enter the U.S. if the person was denied a visa abroad but has a valid unexpired visa in his or her passport.

The U.S. State Department regulations have provided for decades that foreign nationals in the United States on temporary visas (not green card holders) whose actual visa in their passport has expired could, nonetheless, visit Canada or Mexico for 30 days or less as long as the individual possesses a valid I-94 card verifying current lawful status. They would be allowed back into the U.S. upon presentation of their valid I-94 card reflecting that they were in legal status in the U.S. before they left to Canada or Mexico and would still be in legal status upon their return. This was done largely to facilitate border tourism. To benefit from this rule the foreign national must not return the I-94 card when departing the U.S. If the foreign national turns in his or her I-94 card when departing the U.S. then the person will need a valid visa to re-enter the U.S. even if the visit was for less than 30 days.

However, as of April 1, 2002, nationals of designated terrorist sponsoring states (Iraq, Iran, Syria, Libya, Sudan, North Korea, and Cuba) cannot benefit from this visa privilege. For example, if a Libyan national goes to Mexico or Canada for a weekend and has an expired visa, but also has a valid extension of status approval notice, the Libyan national will need to obtain a valid visa at a U.S. Consulate in order to return to the U.S.

Third country nationals from non-designated terrorist sponsoring states can still apply to re-enter the U.S. on an expired visa, if otherwise qualified, unless they applied for and were denied a visa at the U.S. Consulate during their brief trip to Canada or Mexico. However, in rare circumstances a person may be eligible to re-enter the U.S. if the person was denied a visa if the person has a valid unexpired visa in his or her passport.

In January 2003, the immigration regulations were further amended to limit this 30-day rule as it applies to persons in F-1, J-1 and M nonimmigrant status. If an F-1, J-1 or M nonimmigrant returning from Canada or Mexico after a trip of less than 30 days has a valid I-94 card verifying current lawful status, but has an expired visa, they must have a properly endorsed SEVIS Form I-20 A-B or DS-2019 (old form, IAP-66), respectively, in order to re-enter the U.S. If the F-1, M or J-1 visa stamp is expired and the Form I-20 A-B or DS-2019/IAP-66 has not been properly endorsed by immigration authorities, entry will be denied at the port of entry.

What happens if I am denied a visa at the U.S. Consulate in Mexico or Canada?
Normally, if any foreign national goes to a U.S. consulate in Mexico or Canada and applies for a visa and the visa is not issued for any reason, the applicant will NOT be able to re-enter the U.S. Thereafter, options are limited. You may fly to your home country and re-apply for the visa; however, depending on the reason for the initial visa refusal, the visa may be refused again. You may also attempt to obtain deferred inspection, parole, or a documentary waiver at the U.S. port-of-entry, but recent CIS policy changes make this highly unlikely. It is important to remember that expedited removal from the U.S. may be triggered if certain documentary requirements are not met. If this occurs, you may then be barred from the U.S. for many years.

If I am denied a visa at the U.S. Consulate in Mexico or Canada, can I use the Visa Waiver Program to re-enter the U.S.?
We definitely do NOT recommend this option. It is important for those eligible to use the Visa Waiver Program (VWP) to be sensible in attempting re-entry to the U.S. in VWP status after being denied the visa in Canada or Mexico. Certainly, VWP entrants (post visa denial) may not change status in the U.S. or work under their previous work authorized nonimmigrant status. Re-entry (or attempted re-entry) in VWP status could have a serious and adverse impact on your U.S. immigration status.

What happens if I am denied re-entry to the U.S. after a brief visit to Canada or Mexico because I am a citizen of a designated terrorist sponsoring state without a valid visa?
If you are denied re-entry as a citizen of a designated terrorist sponsoring state without a valid visa, your options are limited. You may apply for the appropriate U.S. visa in your home country. You may be ineligible to apply for the visa in Canada or Mexico (please see below). You may also attempt to obtain deferred inspection, parole, or a documentary waiver at the U.S. port-of-entry, but recent CIS policy changes make this highly unlikely. It is important to remember that expedited removal from the U.S. may be triggered if certain documentary requirements are not met. If this occurs, you may then be barred from the U.S. for many years.

Am I eligible to apply for a U.S. visa in Canada or Mexico?
Maybe. The U.S. Consulates in Canada or Mexico have always had the discretion to refuse third-country visa applicants and require the individual to travel back to their own country to apply for the visa. Post 9/11, however, the U.S. Department of State has created a List of 26 countries that may not be eligible for a visa appointment with a U.S. Consulate in Canada or Mexico, thus forcing them to apply for the visa in their own country. This list is classified and has not been released by the U.S. Department of State. Please note that visa reissuance through the Visa Office in St. Louis, MO is no longer possible for any foreign nationals.

If my visa application at the U.S. Consulate in Canada or Mexico is delayed due to pending security checks, may I return to the U.S. and wait until security clearance is obtained?
No. Visa applicants awaiting security clearance will not be able to re-enter the U.S. and must wait in Canada or Mexico until security clearance is received and the U.S. Consulate issues the visa. Applicants should keep in mind that their Mexican or Canadian visas, as applicable, may only allow an individual to remain in Mexico or Canada for a limited period of time and may not be long enough for the U.S. security check to be conducted.

I previously obtained a US visa through the mail with the Department of State. Can I still do that?
No. That program was discontinued. All US Visas must be obtained at a US Embassy or Consulate abroad.

Do I need a visa to enter Canada or Mexico?
Maybe, depending on the country of which you are a citizen. In the aftermath of 9/11, both Canada and Mexico have imposed strict visa restrictions for citizens of certain countries. Prior to any trip to Mexico or Canada, it is strongly recommended that you contact the Consulate General of Mexico or the Citizenship and Immigration Canada (CIC) office, respectively. The various U.S. offices of the Consulate General of Mexico have their own informational websites. For example, if you are located in San Diego, information may be obtained at the website of the Consulate General of Mexico, San Diego at http://portal.sre.gob.mx/sandiego/ . The general website to find a Mexican consulate near you is located at http://www.mexonline.com/consulate.htm Additionally; information regarding Canadian visas may be obtained from the website of the CIC at http://www.cic.gc.ca/.

I am an F-1, M or J-1 Nonimmigrant, but my Form I-20 or IAP-66 was issued prior to the implementation of SEVIS on January 30, 2003. May I apply to re-enter the U.S. with an expired visa after a brief visit to Canada or Mexico?
As of August 1, 2003, however, all non-SEVIS Forms I–20 and DS–2019 will no longer be acceptable, and F, J, and M nonimmigrants must be in possession of a SEVIS Form I–20 or DS–2019.

I am an F-1, M or J-1 Nonimmigrant with a valid visa stamp in my passport, but my Form I-20 or IAP-66 has not been endorsed by Immigration, may I re-enter the U.S. after a brief visit to Canada or Mexico?
F-1, M and J-1 nonimmigrants with valid visas, but who hold a Form I-20 or DS-2019/IAP-66 that has not been properly endorsed will be required to pay $6.00 to obtain a new I-94 form, and will be sent to Secondary Inspection. This process could take a few minutes or a few hours.

How do I make an appointment to apply for a visa in Mexico or Canada?
Any third country national present in the U.S. who wishes to apply for a nonimmigrant visa in Mexico or Canada must make an appointment for an interview. To make an appointment it is best to locate the website of the U.S. Consulate or Embassy you wish to apply at and follow directions. Additionally, all foreign nationals must now complete the electronic version of the DS-156 Nonimmigrant Visa Application. The electronic version of the form can be located at: http://evisaforms.state.gov/default.asp.

After the application is completed it will print with a barcode so that can be scanned at the U.S. Consulate or Embassy when you appear for your interview.

If a foreign national wishes to make an appointment at the U.S. Embassy in Mexico it is necessary to call the following number: 011-52-477-788-7070. There is a fee to schedule the appointment.

Foreign nationals wishing to make appointments at any of the U.S. Consulates in Mexico can book the appointment via the internet at: http://www.visa-usa.com.mx.

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