U.S. Embassy in Jamaica Puts New Restrictions on Third-Country National Visa Applicants

A Third Country National (TCN) Visa is a process whereby an alien, who is already in the U.S., can apply for a non-immigrant visa with a U.S. Consulate, located outside of their home country. This often makes the process more convenient for non-immigrants applying for the same visa status as his/her current visa status in the United States. Previously, the U.S. embassy in Kingston, Jamaica has served as a good alternative due to its close proximity to the U.S.

Unfortunately, however, as of October 31, 2014, Kingston, Jamaica has placed more restrictive policies on the eligibility of third country national (TCN) visa applicants. Kingston will no longer accommodate visa interview requests from third country nationals who are not resident in the Embassy’s consular district of Jamaica or the Cayman Islands. The only exceptions to this policy are C1/D crew member visas, which the Embassy will continue to process.

Other restrictions/changes on the following visa categories and cases are as follows:

• Applicants who changed status with Department of Homeland Security in the U.S. seeking a new visa in the new visa category.  
• Applicants who entered the U.S. in one visa category and are seeking to re-enter 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.
• Non-resident TCNs in Jamaica applying for a B1/B2 visa

It is important to note that one very significant change is if a foreign national has never been issued a visa in a particular category he or she would not be able to apply for such a visa status in Kingston.

Third Country National (TCN) Visa processing is important and beneficial to all non-immigrants, including F, M, H, and J holders, and Jamaica was a convenient place to apply. It is unfortunate that these restrictions have occurred, but it is important that we at Sharma Law make our clients aware of all updated immigrant policies. Please contact us with any further questions.