Major goofup at the border!!

[muntasir]

Please refer to the page 10 of the following document:

http://www.immigration.gov/graphics/...alregister.pdf


The document clearly says that if you are citizen of 5 designated countries then you should go for the registration every time you come in.

Other clause says that if you get selected when you re-enter, then you need to go for the special registration procedure.

First of all I am not from thOe 5 countries, secondly I was not selected at the port of entry. The immigration office was pretty polite with me when he came to knew that I have done my Master's here and now working for a consulting company. He saw my license and asked me few questions which he entered in the computer. Even though my passport was not stamped, my boarding card was stamped saying Arrival in USA. I believe I dont have to go for registration. But from the vaulable forum, everybody is providing me with suggestion that I should do that as burden is on me. I will definitely call the Local INS office tomorrow and find out whether I need to go for the registration. I will update what is going on. I am kind of reluctant in doing this as it will cost me almost the entire day of my work. But thank you all for your suggestions.

[khi_boy]

Muntasir,

I am from Pakistan with 485 pending. In same boat like you. I am flying to Vancouver day after tommorow. I have AP and H1B extension (stamp on passport expired). Using H1b is defintely a beneficial thing with a pending 485 but I am planning to use my AP to avoid special registration and grey area of automatic revalidation /SR combination while re-entering USA.

I really liked that you used Automatic revalidation but if you could provide me some more info and clarity from INS that whether your ENTRY was recorded , that would be really beneficial.

If you are not issued a new I94 , I am under an impression that your entry is not recorded.


thx
khi_boy

[khi_boy]

Muntasir,

'5 countries' version is first one. There was an addendum to it which adds more countries.

>The document clearly says that if you are citizen of 5 designated >countries then you should go for the registration every time you >come in.Other clause says that if you get selected when you re->enter, then you need to go for the special registration >procedure.
>
>First of all I am not from thOe 5 countries, secondly I was not >selected at the port of entry. The

If you EVER register , you are obliged to REPORT to INS whenever enter and leaving till to get your I551 stamped in your passport (greencard).

[muntasir]

Khi_boy,

Canada is not considered a departure from USA unless you are gone for more than 30 days or you are visiting any other country outside canada. As a result, the USA immigration and plane authority will not keep the I-94 that you are holding at this moment. To be able to use the 30 days revalidation rule, you should not give up the I-94 also. So, when you are coming back from Canada, it works like visitng any other states in USA. The entry will not be recorded on your I-94 but I am pretty sure they enter the data in the computer system. They even stamped my BOARDING PASS. I should not say the entry will not be recorded in your I-94, as I know one of my firend got stamped when he was entering United states but they did not stamp his passport while he was going to Canada. It is hard for me to believe that they are not registering all the entry/exit after 9/11 even though they are forgetting to stamp the passport. To me, the whole thing is goofy. Most of the people in Immigration really knows what needs to be done.

If you are planning to use AP, then you will be issued a new I-94. In fact, you should remind them to issue you a new I-94 in case they forget about it. Good luck. Please post your experience in this forum when you are back.

By the way do you have a link to the document which you cited saying there is an addendum to those 5 countries? Because the document I provided was the latest and greatest one when my country was added. Thanks a lot.

[khi_boy]

Hi All,

First of all thanks to Ray S. and Priya for their help. I picked up Vancouver Airport based on Ray. S post in the forum

Here is the experience:

Travel from Sanfrancisco to YVR (Vancouver)

- I am a Special Registrant with US
- Went to Air Canada checkin counter
- Lady said , she needs my I-94 as I am a special registrant
(surprise to me ! )
- I said I dont wana give and want to use Automatic revalidation,
Airline lady told me to go to INS office and take their advise
- I reported to INS office for EXIT registration . Officer told me to give my I-94 card to Airline before leaving so I gave my I94 to
Air canada

- I was given Custom declaration and SARS form in plane
- After landing at YVR , I went to Resident line

Following questions were asked:

- Landed Immigrant?
Yes

- Are you coming back from USA?
Yes.

- Did you go to any other country ?
No

- Did you buy anything and what are you carrying?
Nothing. Just my laptop

- Did you buy your computer from Canada?
Yes.

- He stamped my custom declaration and asked me to go
ahead

hardly one-min to get cleared. Canadian officer didn't look into passport


- I filed my application next day

While coming back to USA

- A very very big queue at US immigration
- I went to US immigration counter
- I showed him my Advance Parole , officer asked me to go to Secondary inspection to process the parole.
- I told officer , I ALSO HAVE H1B approval and since I came just one day back , I want to use automatic revalidation

- Officer replied . No , You travelled on 512 , can't use your H1

- I didn't understand what exactly he said. But I just proceeded for secondary inspection.

- I gave my AP to secondary inspector and told him , Sir ! I have a question ?

- He said , Yes?
- I showed him my H1B extension approval and requested him to use H1 and automatic revalidation and issue me a new I94 as I have surrendered old one at SFO airport.

- He said, No you have AP , you can't use your H1, we have given you AP to use it as you have a pending 485.

- Another surprise to me!!! (I knew he is incorrect).

- I told him , I am also a NSEER registrant and wanna do my Special registration , as I am obligated to do it volunteerily at every ENTRANCE/EXIT . He said , AP is exempted . I told him but I already have a FIN# and I registeretd already so I am obligated. He called the immmigration supervisor to take his advise. Supervisor came and said , we are now exempting APs and you shouldn't register. He also added , should someone enter on H1 , he should must register on both entry and exit, and only APs, GCs and citizens are exempted.

- Then officer processed my AP and gave me a I94 with one-year validity

- Then officer asked , well I am curious why you want to use your H1 and not AP?? (he was now very polite).

- I told him , Sir , my attorney told me that in case 485 is refused , H1 is always a backup for me .

- He said , why do I feel my 485 will be refused? He said , dont listen to your attorney , attorney wants your money and we want you people.

(Well, i was said . Officer didn't allow me to use 30 days revalidation as my H1 stamp was expired).

- Finally officer told me , if I travel to Canada again. I need to posses a Valid AP and I shouldn't give my I94 to airline or INS in USA when exiting . While going back from Canada , I can just showup my I94 to immigration officer and I need not to go through secondary inspection again.

Auto-matic revalidation didn't work for me.

hope my experience is useful for someone

thx
khi_boy

[muntasir]

As promised here is my experience of visiting local INS office after my visit to Canada:

Little background:

I am from a special registration country and registered in March 2003. I went to canada on July 4, 2003 and came back to USA using 30 days revalidation rule. While exiting I did register at the airport. When I was coming back to USA, the immigration officer did not register me at the airport.

People are wondering whether I needed to report to the local INS office within 30 days.

I have just spend my entire working day at the local INS office. Here is what the local INS special registraton office has explained to me:

When I registered in March, they eventually opened a file for me tracking me where I am. The rule of thumb is "Guilty until proven otherwise". When I registered at the airport while leaving USA, that tracking file eventually got closed. So, there is no tracking anymore. Now, when I was coming back, as the immigration officer did not register me, it implies that I do not pose threat to USA. If I was registered that means immigration officer thought I pose some threat or I need to be tracked. Now, what happens if you get registered at border while entering USA:

--you need to do report to the local INS office within 30 days of your entry date if you were registered at the border when you were entering USA. This basically means your file is reopened and you are just following it up by showing your face to the local INS office. and also you need to close it when you exit USA next time. if you do not exit within one year then you need to report to the local INS within one year from the date you have registered this time.

If you do not get registered at the border then
-you do not need to go to the local INS office within 30 days.
-also as your file was not reopened when you were entering last time, you do not need to close it anymore within one year. That means you do not need to register at the border while exiting USA within one year. if you stay in USA for more than one year without leaving then you need to report to the local INS office just after a year from your last entry. I argued with the officer about this a lot saying i will not be allowed back to come back if i do not register while exiting USA. Anyway he says this is what really the rule implies. And he was wondering why it is so difficult for us to understand from the published documents. (I guess he thought we all are dumb ***!!)

So, I was not registered at the local INS office even though I did spend my entire working day in getting this info. I had to wait three hours as there was only one guy working on special registration.

Anyway here is what I think one should do:

1. Go to the local INS office every time you enter USA even though you were not registered at the border. It may cost you the entire day of working but you will have peace of mind.

2. While going out go and register again at the exiting port. Make sure you get a stamp at the airport saying you registered. Forget about file open and file close concept.

Why saying these after the discussion with the officer:

Because nobody knows what the real rule is. This officer might have interpreted the rule in this manner but others may do it in a different way. So, do not take chance. Go and waste your entire day to know that you need to know to do that even though you knew that to start with !!!! This is like 30 days revalidation rule. Some office thinks you need visa even though you were gone for less than 30 days and some think you dont need. As a result some gets lucky in coming back to USA and some are not.

Lastly, thanks a lot to everybody for your vaulable advice.

muntasir

[khi_boy]

Muntasir,!!!

this is really good info , very informative

khi_boy

[sawill]

Yep, certainly makes sense, valuable info
Good Post Muntasir
thanks

[ani70]

Hi Guys,
I am a Canadian PR landed in Sept 2001 and possess valid IMM1000 doc.For last two years i have been working in L1B visa stamped in India ,visa valid till DEC 9 2003
I am planning to cross border via Detroit/Windsor by a rented car next week and will stay in Toronto for couple of days
Should I be worried about renenter into USA?
My home country is India so is spl reg rule applies to me?
Any advice will be appreciated.

[muntasir]

Dont worry about anything. You do not need to register. Just have your all the immigration papers handy.

[forcanada]

From the reading, I guess people try to use 30 days rule, but not understand it.

1. You can NOT turn in your I94 card, even you keep the one on your I797. you have to keep all the I94 card.

2. You are supposed to live in US and the trip to canada is short . not vice versa.

I know friends use this all the times without problem at all.

however I do suggest people has back up plan in place.

link to the regulation

http://travel.state.gov/state50158.html

[tchangu]

In my passport I have my visa that expired in Sept 2002. I recently got my 7 th year extension. So with that said, if I were to travel to Canada what are my options? Do I need to have a valid visa to re-enter or if I can come back using my new I-94 that comes with my form I-797. Any tips on this regard will be really helpful for me. Additionally I also have a pending I-485 and therefore AP document? What must I do?


Thanks, vk

[Moona]

Originally posted by tchangu
In my passport I have my visa that expired in Sept 2002. I recently got my 7 th year extension. So with that said, if I were to travel to Canada what are my options? Do I need to have a valid visa to re-enter or if I can come back using my new I-94 that comes with my form I-797. Any tips on this regard will be really helpful for me. Additionally I also have a pending I-485 and therefore AP document? What must I do?


Thanks, vk

It may jeopardise your pending I-485 if you get a new I-94 by using your new H-1B visa since your I-94 number changed. You'd better use AP if you cannot back with your current I-797 and I-94. There would be no problem to get back with I-797 and I-94 under most circumstances. Be well prepared.

[deba_sinh]

hello friends,

I will be travelling to Canada this week to pick up my PR card. I have a valid H1b visa stamp on my passport.

1. Does anyone know of any issues of crossing the border with a rental car? I am renting a car from Toronto to drop off at Buffalo. I have valid US driver's licence, but is there any problem at US customs about driving a rental car one way? Anything I should know about wheather the car should have US or Candian plates?

2. I am just going for one day. Should I surrender my I94 to airline here in the US?

Thanks

[g_m111]

Hi

Since you all are talking about I94, I have a question. I came here on visitor visa, changed it to F1, was out of status due to school's negligence, got reinstated from the INS. But for the reinstatement, INS required my original I94 card along with other documnets, which I sent them.

So as a result I have only photocopies of my I94 card. Now my status is H1B and I am waiting for my interview to be scheduled. I know there is time, but the thing is I don't have my I94. Is there a way it can issued again to me?

Would I need it, if I'm going to Canada finally?

Would appreciate any advice

Thanks

[muntasir]

If you are on H1B status then you should have received a new I-94 with your I-797 approval. Check your H1B approval.

[mayankdave]

With every new H1B1 approval, there will be another I-94 with the same I-94 # which you had earlier for the validity of your H1B1 approval.

Mayank

[kewl]

I have expired H1B visa stamped in my passport and valid I-797 & I-94. Just curious if I can use 30 day revalidation rule.

Also any suggestion / feedback while crossing border using rental car is highly appreicated. Thank you.

[shahgufta]

Hi kewl,

Did you make a visit to Canada on valid H1B1 and expired visa stamp in your passport ? If so please let me know as I am in similar situation. My visa stamp expired in April 2001. I am a landed Canadian Immigrant and when I came back to US on H1B1 visa in 2002, I didn't need visa stamp in passport. I paln to visit Canada for a week later this month....Any of your experience would be appreciated....

[tusharvk]

For citizen of India, is it possible to use the 30 day rule when visiting canada for h1b visa stamping? (first time h1b visa stamping. old visa F1; status changed to h1b while in the US; never left the country since the change of status).
Can people (citizens of India) that did their h1b from Canada elaborate on the following: what was the validity of the h1b stamp that you got in Canada on your passport? did it match exactly with the h1b status validity or the consulate will give the stamp for a larger\
shorter period?
Also what is the soonest one can apply for h1b extension? After the extension is approved, can one leave the US and go to canada or India for the visa stamping even when the old h1b status has not expired.
For the extension of status (within US): is it possible to apply for extension thru 2008 when the passport expires in 2007?

Thank you for any information.

[tusharvk]

Hi kewl,

Did you make a visit to Canada on valid H1B1 and expired visa stamp in your passport ? If so please let me know as I am in similar situation. My visa stamp expired in April 2001. I am a landed Canadian Immigrant and when I came back to US on H1B1 visa in 2002, I didn't need visa stamp in passport. I paln to visit Canada for a week later this month....Any of your experience would be appreciated....

I have the option of making appointment in Ottawa or Toronto. Which is preferred as far as the processing speed is concerned? If possible, would not want to stay in there once visa interview is over. Anybody has any information from recent experiences? I need to go there for H1b stamping and hold passport from India.

[tanveer666]

Thank You Very Much For Your Reply

--------------------------------------------------------------------------------

Thks A Lot For Your Reply

My Question Is I Have No Plan To Apear For H1b1 Stamping ....

If I Dont Appear For Intervew I Think I Can Come Back Safly Through Automatic Validation Rule Since I Want To Come Back Within 30 Days

My Another Question Is That Is It Possible That If I Go By Air And Come Back By Road In This Way I Wont Miss Exit Regesteration

I Am Very Upset ... I Would Aprricate If You Can Call Me At 718-974-2813

Thks
__________________
PD 06/26/2002
EB3 RIR NEW YORK
45 DAYS LOVE LETTER RECEIVED 10/20/2005
45 DAYS LOVE LETTER REPLIED 11/15/2005
CASE # P-5111-xxxx-xxxx
WAITING TIME AS OF 06/26/2006 4 YEARS

[kalibp]

A lot of thanks to the members and moderators, of this forum for the information regarding immigration procedures and experiences.

Am on H1B/H4 in the US for the last 5 years. Had to do my Canadian immigration and at the same time get the new H1/H4 stamped.

We drove from Oregon to Bellingham WA (Used our own car) and halted at Bellingham, WA for the night. The plan was to cross over at Blaine WA through the Peace Arch crossing between 9 am – 10 am when the traffic was at the minimum.



US Consulate: Reached the consulate 30 mins before the appointment. PLEASE follow the rules regarding what not to take to the consulate. Like cell phones, bags, etc as instructed in the appointment letter. They are very strict about it. They did the security check and sent us to the 1 floor where we gave our PP and papers and $100 each . As per the instructions for H1 case only hand over the passport, I797 and appropriate DS forms at that time along with the fees. They handed us a number. In 40-45 mins they called our number and we lined up for the lift to the 20th floor. At the 20th floor there was another security check after which we had to take a seat in a narrow corridor just facing the VO cabin.
When our number was called: The version here is a condensed version as most of the time the VO and I were talking about other stuff.
Me: Hello and good afternoon officer:
VO: Hi
Looked at the passport and DS forms. Did something on the computer.
VO: So you were in Kenya, How did u get to that place?
Me. Actually I was born there and my Dad blah blah…..
VO. I was also there in such a such year.
Me: Oh really….. I think that was around the time they had a terrorist attack.
We again talked about it for a min or so. As I have traveled a lot of countries he was interested and asked me some info about it and the coincidence was that he had been to all those countries.
VO: so what do you do at your company?
Me: Blah blah blah……Blah blah blah….. and again some blah blah blah
VO: Do you like Oregon or NJ (My company is based in NJ while I have been working in OR for the last couple of years).
Me: I love Oregon… Life is a little slow and it is a very beautiful state.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >>>>>
Again we went back to talking about other places We have visited. At this point I just could not stop from cracking a joke and told him that “Either I am following you or you are following me to all these places and of all the places we are now meeting in Vancouver , so which is it ? and we all started laughing.
But the VO was pretty smart and somewhere he threw me a curve and asked me my wife’s birth date. As I was a bit tensed I gave the correct date but the wrong month and I goofed up big time. Then he asked me about our anniversary. I looked into his eyes and told him “ I always advice my friends never to ask me my anniversary date when my wife is around because after 10 years of marriage most of the husbands get selective memory loss” and again he got a good laugh.
Well it was strike 2 and I goofed up again correct date wrong month since I was so focused on myself I kept giving the month I was born in.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >>>>>>
Vo: Can I have your pay stubs ?
Me. Yes here you go ?
VO: looking at my wife … Is he taking good care of you
Wife: Definitely… he is a little forgetful which I can’t change but takes really good care of me.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >>>>>>
again we started talking about some non related stuff….
For a couple of seconds there was a pause and he jokingly told me to take very good care of my wife as she is the reason he is giving me the visa. He gave me the red slip and asked me to pay the fees and pick up the passport the next day.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >>>>>>>>
Me: thank you very much and lets hope we meet again in future in some other country!

Next day we picked up the passport and drove back to the US

Folks: some advice I would give is to have your paper work straight. Don’t be tensed and have an answer or all the possible questions. Take your time … and try to have a jovial mood.

Kali

[hmnpa]

Hi All

I lost my original I-94, but I have the one that is attached to my H1-B visa. I am planning to go to Canada for stamping. Is it ok if I go there and do not have an I-94 in the passport, or I have to apply for lost I-94?

Thanks
hmnpa