A year after establishing a 900-line user pay appointment system for third country nationals living in the US who seek to process in Canada or Mexico, the State Department, through its Consul General in Ottawa has commented on the level of use of the system and announced specific changes in the system. According to Consul General Nancy Sambaiew, in a letter to American Immigration Lawyers Association member Janet Cheetham, the current supply of appointment slots for third country nationals seeking appointment slots is greater than the demand. All of the Canadian and Mexican consulates participating in the program report available interview slots. However, the consulates expect to be overwhelmed this summer due to consulate staff rotations. It is expected that some consular posts will be forced to severely limit the number of applicants they will be able to accept on a daily basis.

Beginning May 20th, posts in Canada will reverse the current policy of allowing some walk in applicants. All individuals visiting Canada will be required to book appointments through the 900 number system in order to process a visa application. The State Department is also setting up a toll free number (1-888-611-6676) for CANCELLING appointments.

Applicants interested in making appointments should call 1-900-443-3131 (if in the US) or 1-900-451-2778 if in Canada. When applicants call the 900 line they are asked to specify a consulate. They are then given the first available appointment date and then later available dates. When the applicant has decided, he or she can “hold” the appointment for one day by keying in a passport number. Booking appointments at more than one consulate is not permitted under the computerized system. Appointments must be confirmed with a live operator. If an operator is available, the callers name and address are taken and the applicant will be sent an application form, appointment letter and instruction sheet. If an operator is not available, the applicant will be instructed to call back at a specific time. The applicant must bring the instruction sheet with them to the interview.

Of particular interest to our readers is the Consul General’s announcement that the State Department is planning on adding a system of booking appointments via the Internet. Applicants and their attorneys will be also be able to download appointment letters, instructions and application forms.

Also new is the allowance of 90 days to make an appointment in Toronto rather than the current three weeks.

On a related note, the State Department offered further commentary on the new consular shopping provisions. The new law prevents persons from applying for non-immigrant visas at any consulate other than the one(s) in their home country if they have remained in the United States beyond their period of authorized stay. The new law does not apply to aliens who:

  • enter the US on the Visa Waiver Pilot Program
  • those who enter the US without inspection
  • parolees
  • aliens who fell out of status for some reason other than overstay
  • aliens accorded temporary protected status prior to expiration of status
  • aliens admitted under some waiver provisions (e.g. Canadians)
  • aliens not subject to removal pursuant to 8 CFR Section 248.1(B)

 

The law does apply to asylum applicants originally admitted as nonimmigrants who have not extended, those admitted on D/S (duration of status) I-94s who remain beyond completion dates or grace periods and those granted voluntary departure and who overstay.

For F and J visa holders who fall out of statusrs and a Police Certificate with the Packet 3. Five local doctors are approved to perform medical examinations. The final interview is usually scheduled within two to three months after the Packet 3 is returned. The Hong Kong INS Office will adjudicate I-130 if petitioner is resident of Hong Kong.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. The information provided in this article has not been updated since its original posting and you should not rely on it until you consult counsel to determine if the content is still valid. We keep older articles online because it helps in the understanding of the development of immigration law.

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