Date: Thu, 17 Oct 1996 14:16:26 -0400
From: "Devangi Shah"
Subject: H1 Multiple Entry from Canada/Mexico
This information might be helpful to so many people..who has confusions
regarding new immigration law..
H-1/Other Visa Issuance from Third Countries 17 October 1996
This is a response from Immigration lawyers:
============================================
I have been asked and continue to be asked the same question: "Have they stopped
giving H-1B multiple entry visas in Canada/Mexico?"
Let me explain the new law as I see it. Input from people who know better is
welcome. Under the new law, the consulates in countries other than your home
countries are forbidden to issue you a nonimmigrant visa if you have ever been
out of status (and have not been issued a nonimmigrant visa prior to September
30,1996). Even for one day.
Thus, Canada/Mexico can and must refuse visas to those applicants who have ever
been out of status. Certain very limited exemptions from this law have been
provided for. If the consular officer interviewing you suspects that you have
ever been out of status he/she can ask to prove that you have never been out of
status. State Department ("DOS") has indicated in its directive to all
consulates:
"The provision appears to apply to any alien who has overstayed a nonimmigrant
visa admission and has not subsequently been issued a nonimmigrant visa prior to
September 30.
*** Please stop this frenzy of e-mails and rumors. People who have been "in
status" all through can be harassed by the consulates but not refused if they
can demonstrate that they were "in status" all through. Carry all your IAP 66/
I-20s/ H-1 approvals and letters from school saying you maintained status.
Unfortunately, this directive does allow Canada/Mexico consulates to harass, but
not all consular officers are ogres. Most of them are people just like all of
us. I don't see how the consulates may be justified in lifting
What Does "In status" mean
I would say for:
1. F-1: Post Completion Prac. Training + 60 days
2. J-1: Authorized stay and/or the period you were actually following your
program + 30 days
3. H-1: (Current Law) Employment and period authorized + 10 days
Hope this helps....
Devangi.
------------------------------
Date: Thu, 17 Oct 1996 20:04:43 -0600
From: Sheela Murthy
Subject: Visa issuance Canada/Mexico
Newsflash--Visa issuance in Canada or Mexico
Law Office of Sheela Murthy
website - http://www.murthy.com
e-mail - [email protected]
===============================
Our Office has been receiving several email and telephone messages each day with
respect to the new law and the issue of applying for an H1B or other visa from
Canada or Mexico. As many of you may know, the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 ("IIRA of 1996") was signed on September
30, 1996 by President Clinton.
Many of the provisions contained in this law do not become effective until April
1, 1997. However, Section 632 of the IIRA of 1996 is effective after September
30, 1996, i.e., from October 1, 1996 onwards. This Section provides that a
nonimmigrant visa is VOID as soon as the nonimmigrant applicant overstays his or
her period or authorized stay. Therefore, the alien is ineligible to be
readmitted as a nonimmigrant except on the basis of a visa issued by the
consular office in the home country of the alien or where "extrordinary
circumstances" exist.
For details of the interpretation of these terms, please review the cable of the
U.S. State Department with respect to "Overstayers" and issued to Consular
officers which will be sent to IMMNET subscribers and posted on our website in
the Update Section located at http://www.murthy.com
End Newsflash
*Disclaimer* - Please Note : Information in this mailing should not be construed
as legal advice and does not constitute an engagement of the Law Office of
Sheela Murthy. If you have a case specific question/situation on an immigration
matter, it is advisable to consult with an attorney who concentrates in the area
of immigration law.