A U.S. Visa holder cannot renew or apply for a new visa in the United States. Individuals who are already in the United States and remain in legal status are encouraged to apply at the United States Embassies and Consulates in their home countries in conjunction with foreign travel for business or pleasure. Those who plan to visit Canada, Mexico, or in the cases of students and exchange visitors, adjacent islands, may re-enter the United States within thirty days on expired visas as long as they possess a valid I-94 form.
Who May Not Apply for a Visa at an Consular Section in Canada or Mexico?
Individuals who have been out of status in the United States because they violated the terms of their visa or overstayed the validity indicated on their I-94 should not seek to apply in Canada or Mexico and should return to their home country to apply. In other words, if the traveler has remained in the United States longer than the period authorized by the immigration officer when the traveler entered the United States in any visa category, the traveler must apply in the country of the traveler's nationality or legal permanent residence.
U.S. Embassies and Consulates in Canada and Mexico routinely do not accept applications for "E" visas from Third Country National applicants who are not resident in their consular districts.
Before deciding to apply at a consular section in Mexico, third country nationals should keep in mind that traveling to the country may require the appropriate Mexican visa from a Mexico’s embassy or consulate before making the trip. Potential applicants should be sure they have a visa, if necessary, and are prepared to wait several days or longer in Mexico while their visa is being processed.
Note: Applicants who entered the U.S. with one visa category and are seeking to return to the U.S. with a different visa category cannot apply for a visa at a Consular Section in Canada or Mexico.
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