Consulate Shopping
consulates
Consulate Shopping

If filing at an office other than the alien’s home country, it is possible to encounter problems getting the client a visa to enter that third country. If it’s Europe, keep in mind that for European Union (EU) countries, there are certain nonimmigrant visas that if issued by any EU country, are honored by all EU countries, even if another EU country has denied the alien a visa before. Contact the US consulate of that country to make sure the client doesn’t need a visa from that country.

Most consulates will not take waiver cases for third country nationals unless the client resides in that country. The major exception is the “homeless” case where the US has no consulate in that country and no one specific consulate has been designated for nationals of that country to go to, OR the alien is stateless. If the client has a credible fear of returning to his/her home country, it is reasonable to contact many consulates to investigate which of them might take the case. Contact the consulates directly to ask, or work with the National Visa Center (NVC) when the case is at that point in the process.

If Counsel has an opportunity to inquire at many consulates and the NVC assigns a consulate Counsel doesn’t want to work with, contact NVC and make a request for a specific consulate. Bear in mind that filing in Canada is not necessarily the best option due to administrative problems in Vermont. Also keep in mind that EU nationals can often live and work in another EU country fairly easily. Juarez has a policy to not take waiver cases for third country nationals unless the client has legally resided in Mexico for one year prior to the interview.

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