US Consulate in Kingston, Jamaica Restricts Third-Country Nationals’ Visa Stamp Applications
The U.S. Consulate in Kingston, Jamaica has announced that effective October 31, 2014, it will restrict the ability of certain (but not all) third-country nationals (TCNs) to apply for and obtain a U.S. visa stamp at the Kingston Consular Section.
TCN Visa Stamp Application Restrictions Effective October 31, 2014
Effective October 31, 2014, the U.S. Consular Section in Kingston, Jamaica will not accept interview applications from third country nationals for the following visa categories and cases:
- Applicants who have changed their status in the U.S. and who are now seeking a new visa in the new visa category;
- Applicants who entered the U.S. in one visa category and are seeking to reenter the U.S. in a different visa category;
- Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I- 94s;
- Applicants who obtained their current visa in a country other than that of their legal residence;
- Petition-based first time applicants; and
- Third country nationals who are not resident in Jamaica and who are applying for a B1/B2 visa (including B1/B2 renewals).
According to these restrictions, it is still possible for certain TCNs to obtain an interview appointment and successful U.S. visa stamping in a number of situations but we urge TCNs who consider Jamaica for their stamping to review the requirements very carefully and ensure that they are actually eligible to appear for an interview.
TCNs Should Carefully Consider and Research Their Destination U.S. Consular Section in Advance
As a general matter, even in cases where none of the exclusions apply and even for other U.S. Consular Sections popular for visa stamping with third-country nationals, we recommend that visa applicants contact the desired U.S. Consular Section well in advance of their planned U.S. visa stamping in order to confirm that the Consular Section can actually accept and accommodate their request. For example, last summer U.S. Consular Sections in Canada restricted their TCN visa appointment availability due to high demand for U.S. visas from Canadian residents.
U.S. Consulates (and our office) generally recommend that the best place to obtain a U.S. visa stamp is at the U.S. Consulate in the applicant’s home of legal residence. Applicants who appear at a U.S. Consulate at a third country should understand that in many cases, if their visa application is delayed or denied, they may not be able to travel back to the U.S. until they wait for the resolution of their application, in many cases requiring them to travel to their home country and reapply.
Finally, TCNs going for U.S. visa stamping to Canada, Mexico or some of the adjacent islands should remember that the Automatic Visa Revalidation program would not allow them to travel back to the U.S. if their U.S. visa stamp application is denied/delayed.
Conclusion
While TCN visa applications in Kingston, Jamaica have not been completely eliminated, the restrictions in effect make it unavailable as a destination Consular Section for many U.S. visa stamp applicants. As noted above, we recommend third-country nationals who consider going for a U.S. visa stamp application at a country other than their country of legal residence to research and consider their options well in advance of their anticipated visa application date.
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The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration. Disclaimer: we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts. It is not to be construed as legal advice.