关于第三国签证的新法案

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转载自文学城-移民签证-文章来源: curious100 于 2002-3-19 11:52:00
no panic on ThirdCountryVisas
I read from lawyer liang's website about further explanations of third country visa after april 1st from the Department of States. If you are denied visa, you might still come back to the united states. If you are stuck on the border, call the lawyers from your school or your company and they will negotiate with the border control officials. Bring every document you have!!
Attached is the original article:
22 CFR 41.112(d) is the regulation that allows aliens to travel to contiguous countries or adjacent islands without a valid visa, as long as the individual possesses a valid I-94 Card and accompanying documentation verifying current lawful status (valid I-797 notice or valid I-20 or valid IAP-66). Please note the following important amendment to this section.
On March 7, 2002, the Department of State announced that 22 CFR 41.112(d) would be revised as of April 1, 2002. As of that date, nationals of the following terrorist sponsoring states (Iraq, Iran, Syria, Libya, Sudan, North Korea, and Cuba) will be unable to benefit from the provisions of the new 22 CFR 41.112(d). Thus, for example, if an Iranian national goes to Mexico or Canada for a day and has an expired visa, but a valid extension approval notice of status; the Iranian national will need to obtain a visa to return to the US. In addition, if any foreign national goes to a US consulate in Mexico or Canada, for example, and "applies" for the visa and the visa is not issued for any reason, the applicant will NOT benefit from 22 CFR 41.112(d). For those third country nationals from non-designated terrorist sponsoring states, if they do NOT apply for a visa while on a trip to Canada or Mexico for 30 days or less, they can still use 22 CFR 41.112(d) to apply to reenter the US on an expired visa, if otherwise qualified.
For the denied visa applicants and those nationals from the terrorist sponsoring states, they will be left trying to get deferred inspection, parole, or a documentary waiver at the port of entry to enter the US. It is important to remember that expedited removal may be triggered if documentary requirements are not met by the applicant. In addition, it is important for those eligible to use the Visa Waiver Program to be judicious in selecting to try to get back into the US after being denied the visa in Canada or Mexico by requesting VWP status. Certainly, VWP entrants (post visa denial) may not change status in the US, or work under previously authorized work related nonimmigrant visa status prior to the visa application without the visa .
Please note that the list of seven terrorist sponsoring states (public record) is not the same as the List of 26 (classified) countries (although there is obvious overlap) applied in determining if an appointment in Canada or Mexico is possible at a US consular post. It is anticipated that on or near April 1, 2002, the appointment system for third country nationals desiring to apply in Canada or Mexico might be expanded to include List of 26 countries, since those denied visas awaiting security checks will not be able to renter the US under 22 CFR 41.112(d). They will only get back into the US with INS approval. The issue remains as to whether these applicants will be able to get Mexican or Canadian visas, as applicable, to remain in the country (Mexico or Canada) long enough for the check to be conducted or if INS will let them back into the US pending the check.
In the meantime, visa reissuance through the Visa Office is still possible for List of 26 security check applicants, if qualified. Also most of the time you won't be denied. Your visa status is just pending. The new law applies to the people who are DENIED visa. The consulate will issue you a piece of paper saying that your case is pending due to this or that reason and they will give you a case number. So you should still be able to return to the United States and wait for the checking process. I would recommend you print the original documents from Department of States (including the new explanations) and argue with the border official using them. A lot of times they may not know as much as we do.
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