rph3

Did anybody go the US consulate at Tijuana, Mexico for E-3 visa? Can you please share your experience?

Thanks,
rph3

pat garrett

Hi, I'm hoping to get some advice here before I start my E-3 visa application.

I'm an Australian citizen by descent, and have both British and Australian passports. I gained a PhD in the US last year (I was at Columbia on an F1 visa). My BA and MA degrees are from UK universities, and I've never studied in Australia, and only lived there for 15 months after leaving high school (my family currently lives in Sydney).

I'm currently in the US on the VWP, and have received a job offer. I'd like to use my Australian citizenship to get the E-3 visa, but I'm unsure about how my application will be viewed at an overseas US consulate, given that I'm effectively using my dual citizenship to qualify for different visas. I've also read on the website of the Toronto US embassy that those applicants traveling from the US (having entered the US on the VWP) to Canada to submit an E-3 visa application are likely to have their applications refused and are unlikely to be allowed to re-enter the US. This is the quote from the website:

We urge all visa applicants who are not landed immigrants or long term residents of Canada to apply at a U.S. Embassy or Consulate in their home country. Applicants who come to Toronto from the U.S., having entered the U.S. as a visitor, are likely to be found ineligible here and unable to return to the U.S. even as a visitor.

Why is this? It doesn't make sense for me to travel to Australia to submit the E-3 application, so I was hoping to travel to Canada or Mexico.

Does anyone have any thoughts on how I might proceed with this? Thanks.

Ozzidoc

Pat, personally, I would simply apply from Sydney. It really minimises the chance of anything going wrong

This visa malarky is expensive - expect to spend a little (or more!) cash

ian-mstm

The US consulate in Canada or Mexico is not obligated to process a visa for a TCN (3rd country national). People apply in Canada and Mexico because, like you, they can't be arsed to travel back to Oz. So... if you want to play the game this way, then you take your chances.

Ian

pat garrett

That's fair enough. What about the fact that I have few ties to Oz, other than my family living there? I've been based in the UK since 1996, so I can't currently prove that after the expiration of the E-3 I'll be returning to Oz. Should I be setting up bank accounts etc in Oz now just to be on the safe side? I just wanted to get a sense of whether my particular circumstances and eligibility for the visa look dodgy, given that I have an Australian passport but am to all intents and purposes British.

ian-mstm

For an E-3, you don't need to show ties to Oz... you need to demonstrate only that you'll leave the US when you're done.


You are free to use any legal means at your disposal. What you are suggesting isn't dodgy... and it's certainly not uncommon.

Ian

meauxna

The rule is for you to have a home outside the US that you do not intend to abandon. Of course, most of the information written about the E-3 is going to presume the candidate lives in Australia, but I don't know that ties to Oz itself are required.

This thread is getting a bit long and bulky, but I think it's good to have the info in one place. Here are some links for you to read.

Do applicants need to demonstrate a “residence abroad?”

E-3 status provides for entry on a non-permanent basis into the United States. Similar to E-1 and E-2 visa applicants, the E-3 must satisfy the consular officer that s/he intends to depart upon termination of status.

E-3 Free Trade Agreement Professionals from Australia
USCIS ISSUES E-3 SPECIALTY OCCUPATION WORKER GUIDANCE

You can not apply for a change of status from inside the US, so you must go to a Consulate outside. The nearby ones are of course not going to be current on this specialty visa only for Australians, and it is up to them if they will accept your case.

us-aspirant

How would you "demonstrate" that ??

augigi

You tell them so when they ask in the interview, and the job offer letter states a fixed term. I don't really understand your problem with the passports - the US doesn't care where you live. They only care what passport you show to them. If you have an Australian passport, then to them you're just Australian. You can try applying in Canada, although if they won't process then you may have to fly back to Australia anyhow.

E3only

All that matters, as others said, it intention to leave the states that's it.

Ain't important where one lives just needs Aussie PP

bhaliya

Hi Guys,
I know this question has been asked many a times in the forum. but no one has given a proper answer I guess.

My question is that, is there any body who already applied for Green card while on E-3 or has any body obtained Green card while on E-3?

I am thinking of applying for GC but not sure if any body has gone through the process....

Thanks in advance..
bhakthi L

Wakkas

look for another thread named "E3 to Green Card".. there are many discussions on the same issue there..

My company applied for my GC while i was on E3 and got my GC in 8 months time, i fell under EB2 - Other countries.. so my date was always current. there were ppl who were scared that if you are in a category where it takes lots of time to get GC then E3 renewal might be issue, but you can check on that forum that ppl have got good clear answers from consulates stating that "status of adjustment" is not a reason to deny E3 or E3 renewals..

so E3->GC is a valid step and one should go for it.. the process is exactly the same as H1b.

thanks
Wakkas

ian-mstm

Lots of people have gone through the process... but *YOU* don't apply.

Ian

mist3rh

Well Consulate in Sydney states:

Yes. You can apply at any U.S. Embassy or Consulate which processes non-immigrant petition-based visas, but you cannot apply from within the U.S.

However, please contact the U.S. Consulate or Embassy where you plan to apply to check that they accept applications from non-residents,


So unless Canadian consulate in Toronto specifically advises about non-acceptance of such visa applications, i dont see why that would be an issue.

Immigration rules change every now and then and hence an online forum may not be the best source of information. Best to contact the revelant consulate.


Anyway, are there any Aussies currently in the US who wish to share/network ideas around how to source job/sponsors and whether anyone would be willing to provide leads? -Banking/Finance/Accounting sector.

Sharing is caring -so would appreciate any help.

meauxna

The instructions you posted are for non-immigrant visa applications, but your previous question was about a green card (Permanent Residence).
To get to Permanent Residence, your employer must initiate the process; you don't just apply for a green card.

I don't see what the Canadian Consulate piece has to do with your questions. Perhaps you should read this thread and the one suggested to you, before you judge the quality of information on *this* online forum.