Here is the official notice posted on US consular service website in Canada:
http://www.amcits.com/bcc.asp
http://www.amcits.com/bcc.asp
US visa for PR of Canada official Notice
- Thread starter ginnu
- Start date
canadian PR travel on AP ?
Thanks for you reply Vault..
Since US would be requiring the visa stamp from March 17th onwards, I was wondering if using my AP instead of getting H1 stamped from canada would be a good idea or not. It may not go so well when i go back to canada next time around... anyone been using AP to go and come back from canada? What do the canadians ask when they see you are using AP ?
Do the US POE stamped AP or Payrolled on your passport or just on your I 94?
Thanks!
Furat
Thanks for you reply Vault..
Since US would be requiring the visa stamp from March 17th onwards, I was wondering if using my AP instead of getting H1 stamped from canada would be a good idea or not. It may not go so well when i go back to canada next time around... anyone been using AP to go and come back from canada? What do the canadians ask when they see you are using AP ?
Do the US POE stamped AP or Payrolled on your passport or just on your I 94?
Thanks!
Furat
Hi
Does this mean that somebody with H1 or F1 status but without a stamped visa visiting Canada and returning to USA within 30 days will be denied entry. I believe that Canadian PRs who used to enter US just by showing their PR documents are affected by this law and now require a visa. The automatic revalidation of visa still might hold good regardless of the fact that you are returning from canada after a visit or after landing.
Comments?
Does this mean that somebody with H1 or F1 status but without a stamped visa visiting Canada and returning to USA within 30 days will be denied entry. I believe that Canadian PRs who used to enter US just by showing their PR documents are affected by this law and now require a visa. The automatic revalidation of visa still might hold good regardless of the fact that you are returning from canada after a visit or after landing.
Comments?
“The automatic revalidation of visa still might hold good regardless of the fact that you are returning from Canada after a visit or after landing.”
Automatic revalidation of visa returning to USA within 30 days was only for VISIT not for LANDING as PR .Visiting and Landing are different.
I don’t know if that is still effective only US immigration lawyer can give answer to that
Automatic revalidation of visa returning to USA within 30 days was only for VISIT not for LANDING as PR .Visiting and Landing are different.
I don’t know if that is still effective only US immigration lawyer can give answer to that
I think you are quite right. We need to consult an immigration Lawyer on this issue. However I have read many postings on this forum where people have come back to US a day or two after landing. I believe all such re entries were covered by revalidation rule because since september 2001 the US authorities were not admitting Canadian PRs untill they could establish some links with Canada such as employment letters or residential leases. Moreover they were being re admitted on H1 status and not for temporary visit which the PRs were allowed.
I would appereciate more comments on this issue
I would appereciate more comments on this issue
Re: canadian PR travel on AP ?
If you use your AP to get back into the US, be prepared to go for secondary inspection and also be prepared to answer the qestions asked by INs at the border. They will also say that it is not legal to have PR's from 2 countries, and might force you to surrender the Canadian PR. How will the Canadian Immigration folks react to the AP in your passport? I have no clue. Maybe someone who is travelling on AP frequently can explain.
If you use your AP to get back into the US, be prepared to go for secondary inspection and also be prepared to answer the qestions asked by INs at the border. They will also say that it is not legal to have PR's from 2 countries, and might force you to surrender the Canadian PR. How will the Canadian Immigration folks react to the AP in your passport? I have no clue. Maybe someone who is travelling on AP frequently can explain.
Did anyone talk to an US immigration lawer ?
Hi Guys,
Did anyone try talking to a US Immigration lawer if the automatic revalidation rule would still be valid ?
We ( I and wife) are in H1 and F1 status (without visa, based on I-797). Planning to land in May 03 and come back using the automatic revalidation rule.
Anyone else in same situation ?
...dildar
Hi Guys,
Did anyone try talking to a US Immigration lawer if the automatic revalidation rule would still be valid ?
We ( I and wife) are in H1 and F1 status (without visa, based on I-797). Planning to land in May 03 and come back using the automatic revalidation rule.
Anyone else in same situation ?
...dildar
Re: canadian PR travel on AP ?
vault wrote:
"If you use your AP to get back into the US, be prepared to go for secondary inspection and also be prepared to answer the qestions asked by INs at the border. They will also say that it is not legal to have PR's from 2 countries, and might force you to surrender the Canadian PR. How will the Canadian Immigration folks react to the AP in your passport? I have no clue. Maybe someone who is travelling on AP frequently can explain."
--------------------------***----------------------------
IF you use AP all are not taken for secondary inspection
If you have alwaysmaintained valid status then only you are issued AP after your I-485 is filed
If it is 245(!) case don’t go out of US even if you have AP.
AP is not stamped in Passport, if you have AP based on employment based I-485 you should not worry, your AP has A# and all your past immigration history can be checked with you’re A #
INS cannot Force you to abandon US green Card becasuse of Canada PR, because still you do not have US Green card you have just applied and NOT been granted US Green Card. If asked tell them that once you will be granted US green card you will abandon Canada PR.
Once you have US GC and Canada PR then only they can ask you to abandon GC or Canada PR and you have not reached that stage.
Canadian immigration will not react to your AP, as it is not in passport and a separate document to enter US, Canada immigration is only concerned for your Landing paper or PR card for Canada they do not have anything to do with your US visa or US AP that is for US INS while to enter US and will face INS inspector
vault wrote:
"If you use your AP to get back into the US, be prepared to go for secondary inspection and also be prepared to answer the qestions asked by INs at the border. They will also say that it is not legal to have PR's from 2 countries, and might force you to surrender the Canadian PR. How will the Canadian Immigration folks react to the AP in your passport? I have no clue. Maybe someone who is travelling on AP frequently can explain."
--------------------------***----------------------------
IF you use AP all are not taken for secondary inspection
If you have alwaysmaintained valid status then only you are issued AP after your I-485 is filed
If it is 245(!) case don’t go out of US even if you have AP.
AP is not stamped in Passport, if you have AP based on employment based I-485 you should not worry, your AP has A# and all your past immigration history can be checked with you’re A #
INS cannot Force you to abandon US green Card becasuse of Canada PR, because still you do not have US Green card you have just applied and NOT been granted US Green Card. If asked tell them that once you will be granted US green card you will abandon Canada PR.
Once you have US GC and Canada PR then only they can ask you to abandon GC or Canada PR and you have not reached that stage.
Canadian immigration will not react to your AP, as it is not in passport and a separate document to enter US, Canada immigration is only concerned for your Landing paper or PR card for Canada they do not have anything to do with your US visa or US AP that is for US INS while to enter US and will face INS inspector
Last edited by a moderator:
Future of automatic visa revalidation
Hi there,
I think existing (30 days or less) automatic visa revalidation rule should be valid for people who have Canadian PR and are in U.S on H-1 (only approval notice - no visa stamp) or F-1 (expried visa, but on PT) until March 17th.
What you guys think?
Sincerely,
RF
Hi there,
I think existing (30 days or less) automatic visa revalidation rule should be valid for people who have Canadian PR and are in U.S on H-1 (only approval notice - no visa stamp) or F-1 (expried visa, but on PT) until March 17th.
What you guys think?
Sincerely,
RF
Last edited by a moderator:
Re: Re: canadian PR travel on AP ?
<I am aware that AP is a seperate piece of paper. However when you enter the US on AP, Passport and I-94 will state "Paroled till xx/xx/xxxx" and the A# will also be written>
Ginnu,
Yes, CIC dosen't care if you have a US GC. However, the INS does. The reason I wrote that travelling on AP across the border will cause issues is for the followin....
My cousin has a Canadian PR status, and has filed for AOS in the US. He works in NY, and travels every week. His company refused to extend his H-1B past the 6th, since his AOS is pending, and asked him to use his EAD and AP for travel.
Last month when he submitted his AP papers, he was sent to secondary inspection. He was told that he cannot have PR status in 2 countries, and he should surrender his Canadian PR. He politely told the INS officer that his AOS has not been adjudicated, and also per the new Canadian law he is allowed to be out of Canada for 3 years. The INS office didn;t like his answer, and called the CIC folks across the border. I am not sure as to what the conversation was between the INS and CIC, but the INS office told my cousin that he has made notations in his file (I-485 AOS) that he has a Canadian PR. Finally the INS officer stamped my cousins passport and wrote "Paroled till 12/20/2003", and also gave him a new I-94, which had the same annotation. This incident happened at PEACE BRIDGE.
If I am not mistaken, there was another ember of this forum who had posted the same type of info.
All I was trying to say was, that sometime it is a pain in the tuss to travel on AP.
<I am aware that AP is a seperate piece of paper. However when you enter the US on AP, Passport and I-94 will state "Paroled till xx/xx/xxxx" and the A# will also be written>
Ginnu,
Yes, CIC dosen't care if you have a US GC. However, the INS does. The reason I wrote that travelling on AP across the border will cause issues is for the followin....
My cousin has a Canadian PR status, and has filed for AOS in the US. He works in NY, and travels every week. His company refused to extend his H-1B past the 6th, since his AOS is pending, and asked him to use his EAD and AP for travel.
Last month when he submitted his AP papers, he was sent to secondary inspection. He was told that he cannot have PR status in 2 countries, and he should surrender his Canadian PR. He politely told the INS officer that his AOS has not been adjudicated, and also per the new Canadian law he is allowed to be out of Canada for 3 years. The INS office didn;t like his answer, and called the CIC folks across the border. I am not sure as to what the conversation was between the INS and CIC, but the INS office told my cousin that he has made notations in his file (I-485 AOS) that he has a Canadian PR. Finally the INS officer stamped my cousins passport and wrote "Paroled till 12/20/2003", and also gave him a new I-94, which had the same annotation. This incident happened at PEACE BRIDGE.
If I am not mistaken, there was another ember of this forum who had posted the same type of info.
All I was trying to say was, that sometime it is a pain in the tuss to travel on AP.
Vault,
INS used to be only caring about one's valid status in US, I think that incident happened because of the current high security condition at the borders.
Did your cousin mentioned about his canadian PR status and/or his stay in Canada, in the AOS application ?
Many of the Ca PR are working here in US on H1B without having US visa stamp and I94 in the passport can this cause any problem or complication in the AOS application ?
thanks
INS used to be only caring about one's valid status in US, I think that incident happened because of the current high security condition at the borders.
Did your cousin mentioned about his canadian PR status and/or his stay in Canada, in the AOS application ?
Many of the Ca PR are working here in US on H1B without having US visa stamp and I94 in the passport can this cause any problem or complication in the AOS application ?
thanks
Vault Thanks for the info
"INS office told my cousin that he has made notations in his file (I-485 AOS) that he has a Canadian PR"
No problems if INS officer made notations in his AOS, If his file is transfred to local INS office (5% chances) then the INS officer at the time of Interview may ask him if he still needs PR of Canada and he can say that once he gets his GC stamp in his passport he will no longer need Canada PR
I know about my 3 friends who are PR of Canada and working in US on H1b or EAD , they all had Canada immigration stamp in the passports, when they went for passport stamping for GC after I-485 approval, INS officer never cared to ask them about Canada PR or Stamp .
2 cases from Newark INS office
1 case Baltimore MD
Regards
"INS office told my cousin that he has made notations in his file (I-485 AOS) that he has a Canadian PR"
No problems if INS officer made notations in his AOS, If his file is transfred to local INS office (5% chances) then the INS officer at the time of Interview may ask him if he still needs PR of Canada and he can say that once he gets his GC stamp in his passport he will no longer need Canada PR
I know about my 3 friends who are PR of Canada and working in US on H1b or EAD , they all had Canada immigration stamp in the passports, when they went for passport stamping for GC after I-485 approval, INS officer never cared to ask them about Canada PR or Stamp .
2 cases from Newark INS office
1 case Baltimore MD
Regards
"Many of the Ca PR are working here in US on H1B without having US visa stamp and I94 in the passport can this cause any problem or complication in the AOS application ? "
* NO
they should have Job and valid status but if they can get the passports stamped with Valid Visa sticker it will be better in future if they want to go out of US and re-enter US.
* NO
they should have Job and valid status but if they can get the passports stamped with Valid Visa sticker it will be better in future if they want to go out of US and re-enter US.