Travel Advisory

Travel to Canada or Mexico

On March 7, 2002 , the U.S. Department of State announced a major overhaul of its provisions governing reentry procedures from Canada and Mexico. Under the previous policy as found at 22 CFR 41.112(d), a foreign national traveling for periods of under 30 days to the contiguous countries of Canada or Mexico or to adjacent islands could reenter the United States upon presentation of a valid I-94 Card and accompanying documentation verifying current lawful status. In short, such a foreign national did not need to possess a valid visa since reentry could be accomplished through proof of valid temporary, nonimmigrant status. In light of this policy, many foreign nationals took advantage of these relatively safe provisions of applying for visas in Canada or Mexico with the understanding that even if a visa were to be denied, they could still reenter the United States through this visa revalidation procedure. Effective April 1, 2002, the U.S. Department of State will implement the following policy.

First, nationals from countries sponsoring terrorism will in all cases require a valid visa in order to reenter the United States following short trips to Canada or Mexico. The countries falling within this classification are: Iraq, Iran, Syria, Libya, Sudan, North Korea, and Cuba.

Second, foreign nationals from all other countries will still be able to reenter the United States following short trips of under 30 days upon presentation of valid immigration documents showing maintenance of nonimmigrant status PROVIDED that they have not applied for a visa in Canada or Mexico.

Third, the biggest current change is that once a third country national applies for a visa through a US Consulate in Canada or Mexico, that individual will need to possess a valid visa in order to reenter the United States. This means that if the visa is denied, the foreign national will no longer be able to reenter the United States by presenting a valid I-94 card; rather, he/she would most likely need to return home in order to apply for a visa through a US Consulate in the home country. In fact, third country visa processing is now particularly unattractive for nationals of List 26 countries (i.e., generally, countries in the Middle East) who are now subject to up to a 30 to 45 day background security check prior to visa issuance. This means that nationals of these countries would need to wait out this background check in Canada or Mexico prior to returning to this country. While the BCIS Immigration Inspectors at the border have certain latitudes to admit temporarily a foreign national who does not possess a valid visa, this is a discretionary matter which certainly does not provide any type of assurance or predictability of successful readmission to the United States.

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