General Eligibility to Apply for a Third Country Visa

Most aliens who have never been out of status are eligible to apply for a Third Country Visa. However, if you fall within one of the following class of aliens, you may be barred from obtaining a Third Country Visa:

Communicable Disease or Mental Disorder—Any alien who is diagnosed with a contagious disease or mental disorder and poses a threat to the public's safety may not obtain a Third Country Visa in accordance with regulations prescribed by the Secretary of Health and Human Services.

Drug Abuse or Addiction—Any alien who is diagnosed as a drug abuser or addict is inadmissible and may not obtain a visa in accordance with regulations prescribed by the Secretary of Health and Human Services.

Arrest or Conviction—Generally, any alien who is convicted of/admits/attempts any of the following acts may not obtain a Third Country Visa:

1. Crimes of moral turpitude.
2. Violations of any U.S. or foreign law or regulation relating to controlled substances.
3. Convicted of two or more offenses where the sentences total five (5) or more years of confinement.

Exceptions to Arrest or Conviction

An alien may obtain a Third Country visa even if a crime was committed, provided he/she satisfies one of the following waivers:

1. Crime was committed when the alien was under eighteen (18) years of age; or
2. Crime was committed more than five (5) years before the current date/visa application; or
3. Maximum possible penalty for crime convicted does not exceed imprisonment for 1 year; or
4. Alien was not sentenced to a term of imprisonment exceeding six (6) months.

Controlled Substance Drug Trafficking, Prostitution, or Procurement—An alien who is/has been a drug trafficker of any controlled substance or engages in prostitution within ten years of the date of the visa application is inadmissible and may not obtain a Third Country visa. This bar also applies to an alien who has procured/attempted to procure prostitution, or has received proceeds from prostitution.

Fraud or Willful Misrepresentation—An alien who has aided another person in obtaining a visa or other U.S. immigration benefit by fraud or misrepresentation is inadmissible and may not obtain a Third Country visa.

Terrorist activities—An alien who seeks to enter the U.S. to engage in a terrorist activity or any other activity that threatens national security is inadmissible and may not obtain a visa.

Activities that pose a threat to national security include: violations of law related to espionage, prohibiting the export of U.S. goods, technology, or sensitive information, and sabotage.

Terrorist activities include:

1. Hijacking or Sabotage of an aircraft.
2. Seizing, detaining or threatening to kill or injure another individual in order to compel a third person or governmental organization to compel or abstain from committing an act.
3. Violent attacks upon an internationally protected person.
4. Assassinations.

Discriminatory Persecution or Genocide—An alien is inadmissible if he/she participated in the persecution of any person because of race, religion, national origin, or political opinion. An alien is inadmissible if he/she has engaged in conduct that is defined as genocide according to guidelines established by the International Convention on the Prevention and Punishment of Genocide.

Public Charge—An alien who is determined by the U.S. Consul to become a likely public charge or burden to society is inadmissible. Factors considered include the alien's age, health, family status, assets, resources, financial status, education and skill set.  

Status Violation—Generally, an alien is barred from applying for a non-immigrant visa in a Third Country and must apply for a non- immigrant visa in his home country if the alien was admitted into the U.S. based on a non-immigrant visa, remained in the U.S. beyond the authorized period of stay, resulting in a status violation.

Unlawful Presence—Generally, aliens who have been unlawfully present in the U.S. anywhere between 181-364 days are barred from obtaining a non-immigrant visa for three (3) years. Moreover, aliens who have been unlawfully present in the U.S. for more than one year are typically barred from obtaining a non-immigrant visa for ten (10) years. However, exceptions may apply depending on your specific facts and circumstances. We recommend that you consult with an experienced immigration attorney.

Conflicting Immigration Intent—In general, an alien who meets the objective qualifications for a non-immigrant visa will be denied a Third Country Visa or entry to the U.S. if the U.S. Consul feels that the alien's true intention is to remain in the U.S. permanently. There are some classes of nonimmigrant visas that may not be obtained if the applicant filed an immigration petition or a Labor Certification since there is conflicting immigrant intent. The most common non-immigrant visa types include the B (Temporary Business/Tourist), F (Student), and J (Exchange program participants) with a two-year foreign residency restriction. If your situation involves potential conflicting immigration intent, we recommend that you seek the assistance of an experienced immigration attorney.

Certain Nationals—The United States bars nationals from countries who have participated in known terroristic activities including North Korea, Cuba, Syria, Sudan, Iran, Iraq, and Libya.

For more information about Third Country Visas, please click the following links:
Description
General Information on the Third Country Visa Process
General Eligibility to Apply for a Third Country Visa
More Specific Information on Applying for a Third Country Visa in Mexico
More Specific Information on Applying for a Third Country Visa in Canada
How to Apply For a Visa at a U.S. Embassy or Consulate If You Are a Third Country National Present in the U.S. or Visiting Canada or Mexico
Third Country Visa Required Documents and Information
Successful Stories
Services
Frequently Asked Questions