Does the Automatic Visa Revalidation not work for CAN Landed Immg ?

S

star69

New Member
Guys - i need your help and advice

I just put down the ph with an Immg lawyer which has left me even more confused than i ever was. Even though he made it very clear that he is no expert in border crossing rules between Canada and USA

I am currently on an H1 visa, but dont have it stamped on my passport, as i had come in on a 10 yr B1/b2 and had got a job here and was approved for H1. My wife is on an F1 Visa (Doing her PhD) but she had come in on H4 visa. (We both have our respective valid I94 and Approval notices)

We now have our PR Visa to Canada, and would like to "Land" there and come back, to keep it alive.

Normally we could have used the Automatic Visa Revalidation rule as long as we came back to USA within 30 days, without having to get our respective visas Stamped in our passports from the US embassy in Canada.

I have just been told, that once we become Landed Canadian Immigrants, we may not be able to simply drive back without having the US visas stamped (only on the basis of our approvals and I94) as the rules for Landed Canadian Immigrants are different.

Initially i was planning to get the US visas stamped as well, since we would be there, but the rule says, if we apply for the US Visa stamping - incase the visas are rejected we cannot get back into US - hence the plan to not even attempt to have them stamped - but now i am even more confused.

Can someone pl advice. Thanks
 
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You can *STILL USE* the AVR - your cdn PR status has NOTHING to do with the AVR. As long as you have a expired visa stamp in your passport AND you have a valid I-94, (and if you are not one of those "terrorist" countries), you can use the AVR process.

I have seen this (first hand experience) in Sept. 2005 - My relative who is a cdn PR used this AVR while travelling with me. The immigration officer at the airport allowed my relative in to the U.S. without any comment, and I have seen how smooth it was.
 
bigboy00 said:
You can *STILL USE* the AVR - your cdn PR status has NOTHING to do with the AVR. As long as you have a expired visa stamp in your passport AND you have a valid I-94, (and if you are not one of those "terrorist" countries), you can use the AVR process.
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Thanks Bigboy - your reply is definitely comforting

My concern stems also from the fact (as stated in my original post above) that I came in on a 10 yr B1/B2 visa and later converted (got approval) to H1
and that my wife came on H4 (basis of my H1 approval) and later converted to F1 - so in my case, i have the B1/B2 stamped, which is still not expired or cancelled (Not H1), and in her case, she has an expired H4 stamped. Now we both have our valid visa approvals but no matching visas on the passport.

I am wondering if that may be a problem.
 
I know for a fact, that expired visa can be of any category. This is written on the state dept website. You are saying that your B1/B2 visa is not expired. I understand that it is a valid visa of a different category than your valid I94 (which is your H1). But *I really do not think* that the visa being valid is an issue. You might want to verify with other lawyer (not the one who scared you, since he does not have any knowledge about the AVR).

Also, This has nothing to do with your cdn PR as well.
 
AVR - FAQ posted on my Attorney's Website

Do I need a valid visa to return from a trip of 30 days or less to Canada or Mexico?


In certain circumstances, an expired nonimmigrant visa may be "automatically" extended to the date of reapplication for admission when a foreign national has made a trip of less than thirty days duration to Canada or Mexico (or, in the case of a qualified F or J student or exchange visitor, to Canada, Mexico, or adjacent island other than Cuba) and is applying to be readmitted to the United States to resume nonimmigrant status. Where the individual's original nonimmigrant classification has been changed to another nonimmigrant classification, an expired or unexpired visa is automatically extended to the date of application for readmission, and the visa is converted to the new classification.
In order to qualify for the automatic extension, the foreign national must:


Possess a Form I-94 Arrival-Departure Record showing an unexpired period of initial admission or extension of stay. A qualified F or J student or exchange visitor must have a current Form I-20 Certificate of Eligibility for Nonimmigrant Student Status or Form DS-2019 Certificate of Eligibility for Exchange Visitor Status, endorsed by the issuing school or program to indicate the period of stay authorized by USCIS;
Have maintained and intend to resume nonimmigrant status;
Apply for readmission after an absence from the United States of thirty days or less;
Have traveled to a contiguous territory within North America. In the case of a student or exchange visitor, the travel must have occurred to a contiguous territory within North America or to an adjacent island, including Bermuda, the Bahamas, or any Caribbean island except Cuba;
Apply for readmission to the United States within the authorized period of initial admission or extension of stay; and
Possess a valid passport.

Please note that as of April 1, 2002, a foreign national who has applied for a new visa while in a nearby country will not be able to obtain automatic revalidation. The applicant will not be permitted to reenter the United States until all security checks pursuant to the application have been completed and the new visa has been issued. Individuals who are nationals of countries identified as state sponsors of terrorism are ineligible for automatic revalidation; currently, these countries are Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, though additional countries may be added to this list in the future For more information regarding automatic revalidation, refer to "How do I revalidate the visa in my passport if my old visa has expired or is about to expire?"
 
This article should be removed from the lawyer's web site since it can cause a lot of confusion. Let me tell you, please ignore this site if you already have an expired US visa and a valid I-94 irrespective of whether you are a cdn PR or not.

Now let me explain what the site means:

Cdn PRs (having commonwealth country passport) did not need a visa (prior to March 2003) to enter the U.S. (Please note the date of the article: it is Oct. 2003, right after the visa requirement was introduced for cdn PR). Now for those, who had entered the US without a visa, before March 2003, did not have a visa - but do have a valid I-94. Therefore, if they go out of US to visit Canada (after March 2003), they cannot re-enter the US with their valid I-94. Because they do not have *any* visa stamp in their passport - either valid or expired. And for the AVR, you need to have an expired visa stamp (with valid I-94) in their passport.

That is why, if you entered the U.S. after March 2003, you must have obtained a visa to enter the U.S. So, irrespective of your cdn immig. status, the AVR DOES apply to you - no need to worry!!!

I hope, Vishwanathan, your doubts are cleared...
 
bigboy is 100% CORRECT.

There are lot of confusing information all around. I checked with enough people, bigboy's version is is the right one.
 
Do Not Worry Star 69

star69 said:
Thanks Bigboy :) I will definitely go ahead and check with some other lawyers.
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dO NOT WORRY IT DOES NOT MATTER WHAT KIND OF VISA IS THERE IN YOUR PP BUT IF U R IN VALID STATUS AND MAKE SURE PP IS NOT EXPIRING WITHIN 6 MONTHS , AND AFTER THE APPROVAL OF H1 YOU HAVENT LEFT THE US EXTENDED TERETORIES(CANADA OR MEXICO) THERE IS NO PROBLEM
 
Hello Bigboy00,

It looks like you are a expert with Canadian PR and a valid H1B Visa.

- I and my wife are in US on a H-1B (7th year) which is valid until next year.
- My multiple entry visa stamp has expired last week and my wifes multiple entry visa stamp will expire nex t month.
- Last week I have been approved for a Canadian PR and we have to send our passports to Canadian Consulate in Buffalo for PR stamping.

Questions:
Q1) To validate the Canada PR, I am planning to go to Canada for a week, Are there any known issues if we stay in Canada only for 5 days ?

Q2) Does canada PR need multiple entry stamp in their passport? assuming they have valid H-1B Visa?

Q3) During those 5 days I am planning and get multiple stamping done again. Would there be a issue if we have Canada PR stamping in our passports while we go for Multiple Stamping to US Consulate in Ottawa?

Q4) Are there any known issues having a Canada PR and coming back to us on a H-1B?

Thanks
Support.GC
 
Expired F-1 visa and landing in canada Need Help

bigboy00 said:
You can *STILL USE* the AVR - your cdn PR status has NOTHING to do with the AVR. As long as you have a expired visa stamp in your passport AND you have a valid I-94, (and if you are not one of those "terrorist" countries), you can use the AVR process.

I have seen this (first hand experience) in Sept. 2005 - My relative who is a cdn PR used this AVR while travelling with me. The immigration officer at the airport allowed my relative in to the U.S. without any comment, and I have seen how smooth it was.
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Hi
thanks for ur advice could u please give me ur Phone # i want to discuss about going to canda on expired f-1
thanks
bye
 
Hi Star69,

I am in a similar situation as yours. My US visa (H1) has expired, and my H1 Status (I-94) is valid till 2008. I have to go to Canada for PR. Did AVR work out for you? Please let me know ... I am eagerly looking forward to your response.

Thanks.
 
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