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The Many Faces of Stern Elkind Curray & Alterman LLP

Since 1985,Stern Elkind Curray & Alterman has limited its practice to immigration law, with a special emphasis on matters relating to the employment of foreign professionals. Mr. Stern and Ms. Elkind founded the firm with the goal of providing the very best immigration advice and representation to our clients. As the firm has grown, we have continued our commitment to maintaining a high level of expertise combined with an understanding that our clients are individuals whose lives are deeply affected by the work we do. Over the years, we have developed expertise and wide-ranging experience in all facets of immigration law.

We continue to be deeply affected by our clients, some of whom are introduced within this web site.

Non-Immigrant Visa Processing in Canada and Mexico

April 01, 2002

In light of the September 11 attacks, the Department of State has been making it more difficult for third country nationals to obtain a non-immigrant visa in Canada and Mexico.

First, as of April 1, the DOS amended its provision for automatic revalidation of expired visas for nonimmigrants returning from short visits to Canada or Mexico or adjacent islands. The provision will no longer permit nonimmigrants (not from Mexico or Canada), to apply for new visas during these visits and nonimmigrants from countries identified as sponsoring terrorism (Iraq, Iran, Syria, Libya, Sudan, North Korea, and Cuba) to benefit from the provision.

Prior to the rule change, all non-immigrants from third countries could go to Canada or Mexico to extend the validity of their current visas or to change their visa classification, so long as the departure did not exceed 30 days, and the alien had a valid passport, an unexpired I-94 card, and intended to maintain nonimmigrant status. As a result, the nonimmigrant's visa was automatically extended to the date when he or she applied for re-admission into the United States. Nevertheless, several nonimmigrants would opt to apply for a new visa during that absence in lieu of relying on automatic revalidation. After the rule change, nonimmigrants who re-enter the United States on expired visas will still have the benefit of automatic revalidation, but they will no longer be able to apply for visas in Canada and Mexico and have their visas automatically revalidated. And, those non-immigrants from the countries specified above can no longer have their visas revalidated at all whether they apply for a visa or not.

Secondly, the DOS also announced that a security check will be mandatory for nonimmigrants from a classified list of 26 countries. Such individuals will have to wait approximately 4-6 weeks in Mexico or Canada to obtain a visa. Moreover, their re-entry even with a valid visa will be at INS discretion.

If you have any questions about these changes or any other immigration matter, please contact us.

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