For those who are worried to travel canada without valid VISA

Sahin

Registered Users (C)
Hello,
Lot of you were worried whether you can reenter Canada after staying 30 days or not without unexpired VISA.

Here is the answer.

My friend just came yesterday from Canada. He got Canadian immigration and went to land in Toronto. He was student when he forst came to US on student VISA, then he converted to H1, never had H1 visa, then he got laid of, went to school again. Now he is a F1 student. Only Visa he had is student VISA what have expired long time back. He flew. He was just asked by II at toronto " Dont you have VISA?" He said no then He showed his I-20 , white I-94 card, and Passport. Thats all, he rentered US.


He enojoyed the Automatic Revalidation advantage.

Only diffrence you might have with my frind is he is landed immigrant, and you are not. However, that does not matter if you stay less than 30 days and dont apply for VISA at any US consulate at Canada. The reason he could get in is he enjoyed Automatic Revalidation, not because of his Landed Immigration in Canada. Folks correct me if I am wrong.


So, you guys dont worry at all. I would prefer to fly than drive, because Those II folks at airport might more knowledgable than folks on border, I guess.

I am going on december.


Good Luck.


Read the original from State Department
__________________________________________________________
[Federal Register: March 7, 2002 (Volume 67, Number 45)]
[Rules and Regulations]
[Page 10322-10324]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07mr02-3]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice: 3938]

Documentation of Nonimmigrants Under the Immigration and
Nationality Act, as Amended: Automatic Visa Revalidation; Interim Rule

AGENCY: Department of State.

ACTION: Interim rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: Due to the need for greater security screening of visa
applicants, the Department is amending the provision for automatic
revalidation of expired visas for nonimmigrant aliens returning from
short visits to other North American countries or adjacent islands to
exclude from its benefits aliens who apply for new visas during such
visits and aliens who are nationals of countries identified as state
sponsors of terrorism.

DATES: This interim rule is effective on April 1, 2002. Written
comments must be received on or before May 6, 2002.

ADDRESSES: Written comments may be submitted, in duplicate, to the
Legislation and Regulations Division, Visa Services, Department of
State, Washington, DC 20520-0106, or by e-mail to visaregs@state.gov.

FOR FURTHER INFORMATION CONTACT: Elizabeth J. Harper, Legislation and
Regulations Division, Visa Services, Department of State, Washington,
DC 20520-0106, (202) 663-1221, e-mail (harperbj@state.gov) or fax at
(202) 663-3898.

SUPPLEMENTARY INFORMATION:

What Is the Background for This Action?

Section 42.112(d) of 22 CFR provides for the automatic revalidation
of nonimmigrant visas of aliens who have been out of the United States
for less than 30 days in contiguous territory and have an Arrival-
Departure Record showing INS approval of an unexpired period of
admission. Such aliens may be applying for readmission in the same
classification or in a new classification authorized by the INS prior
to their departure. In the latter case, the revalidation includes a
conversion to the new classification. In the case of a qualified
student or exchange visitor who has a remaining period of authorized
stay, the not-more-than-30 day absence may have been in either
contiguous territory or adjacent islands other than Cuba.

Why Is This Action Being Taken With Respect to Applicants for New
Visas?

In some cases, persons who are abroad during an absence of 30 days
or less in contiguous territory opt to apply for a new visa during that
absence in lieu of relying on an automatic revalidation. Due to the
need for greater security screening of visa applicants, which in some
cases may mean delays in the issuance of new visas, the Department of
State believes it is prudent to restrict the ability of such persons to
return to the United States prior to the completion of all such checks
and the issuance of a new visa.

Why Is it Being Taken With Regard to Visa Applicants From Countries
That Sponsor Terrorism?

In light of recent terrorist actions undertaken by aliens, some or
all of

[[Page 10323]]

whom had entered the United States with nonimmigrant visas, it has
become clear that we cannot rely upon an assumption that a person who
obtained a visa for one reason still has only that reason for wishing
to return to the United States. We find a closer examination of certain
aliens seeking to enter or reenter the United States must be
undertaken. Thus, the Department finds the automatic revalidation of
nonimmigrant visas should no longer be available to individuals whose
home countries have been identified as sponsoring terrorism.

What Countries Have Been so Identified and Under What Authority?

Several laws require the Department to designate a foreign state as
one sponsoring terrorism. They are: Section 620A of the foreign
Assistance Act, Section 40 of the Arms Export Control Act, and Section
6(j) of the Export Administration Act. Consequently, the Department
periodically publishes a report, Patterns of Global Terrorism, updating
such designations. Currently, the designated countries are Iraq, Iran,
Syria, Libya, Sudan, North Korea, and Cuba.

Is This Intended To Be a Permanent Tightening of the Entry of
Visitors and Other Nonimmigrants?

We hope that the time will come when circumstances will permit the
restoration of this privilege to all bona fide nonimmigrants but we do
not anticipate that time being in the near future.

Regulatory Analysis and Notices

Administrative Procedure Act

The Department is publishing this rule as an interim rule, with a
60-day provision for post-promulgation public comments, based on the
``good cause'' exceptions set forth at 5 U.S.C. 553(b)(3)(B) and
553(d)(3). It is dictated by the recent terrorist attacks on the United
States and the necessity of additional controls over the entry of
aliens at this time.

Executive Order 12866
Executive Order 13132
* * * * *
(d) Automatic extension of validity at ports of entry. (1) Provided
that the requirements set out in paragraph (d)(2) of this section are
fully met, the following provisions apply to nonimmigrant aliens
seeking readmission at ports of entry:
(i) The validity of an expired nonimmigrant visa issued under INA
101(a)(15) may be considered to be automatically extended to the date
of application for readmission; and
(ii) In cases where the original nonimmigrant classification of an
alien has been changed by INS to another nonimmigrant classification,
the validity of an expired or unexpired nonimmigrant visa may be
considered to be automatically extended to the date of application for
readmission, and the visa may be converted as necessary to that changed
classification.
(2) The provisions in paragraph (d)(1) of this section are
applicable only in the case of a nonimmigrant alien who:
(i) Is in possession of a Form I-94, Arrival-Departure Record,
endorsed by INS to show an unexpired period of initial admission or
extension of stay, or, in the case of a qualified F or J student or
exchange visitor or the accompanying spouse or child of such an alien,
is in possession of a current Form I-20, Certificate of Eligibility for
Nonimmigrant Student Status, or Form IAP-66, Certificate of Eligibility
for Exchange Visitor Status, issued by the school the student has been
authorized to attend by INS, or by the sponsor of the exchange program
in which the alien has been authorized to participate by INS, and
endorsed by the issuing school official or program sponsor to indicate
the period of initial admission or extension of stay authorized by INS;
(ii) Is applying for readmission after an absence not exceeding 30
days solely in contiguous territory, or, in the case of a student or
exchange visitor or accompanying spouse or child meeting the
stipulations of paragraph (d)(2)(i) of this section, after an absence
not exceeding 30 days in contiguous territory or adjacent islands other
than Cuba;
(iii) Has maintained and intends to resume nonimmigrant status;
(iv) Is applying for readmission within the authorized period of
initial admission or extension of stay;

[[Page 10324]]

(v) Is in possession of a valid passport;
(vi) Does not require authorization for admission under INA
212(d)(3); and
(vii) Has not applied for a new visa while abroad.
(3) The provisions in paragraphs (d)(1) and (d)(2) of this section
shall not apply to the nationals of countries identified as supporting
terrorism in the Department's annual report to Congress entitled
Patterns of Global Terrorism.
* * * * *

Dated: February 7, 2002.
Mary A. Ryan,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 02-5325 Filed 3-6-02; 8:45 am]
BILLING CODE 4710-06-P
 
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Question for Sahin

Sahin,

Could you please confirm about I-94 details from your friend, who just got back from Canada? Which I-94 he gave to airline people if any, and did he get a new I-94 while coming back into U.S. if yes....did he get the same number as his previous I-94 or got different number. Also did he applied for Canadian PR card ?

Thanks,

RamFan
 
RamFan

Yes, I heard all details. When he departed from Minneapolis he took his white I-94 out from passport. Airplane people did not take anything from him. They did not even ask him. This is normal. They wont push you to handed that I-94 over to the airline people. So dont worry about it. His canadian visa was checked at toronto airport. He got into Canada. That was the deparature.


On his way back, his US immigration was done at toronto airport.
He showed his I-20. white I-94, passport. Thats it.

He also got another white I-94 in the plane on his way back. He filled it out, but nobody gave any stamp or anything on that. So that does not have any value basically. There wont be any checking at US airport. So does not matter.

Yes he applied for CA immigration, and he got the approval. That was the purpose of his trip. He went there to land. He landed and came back just yesterday. But remember whether u r immigrant or not of canada, you will be allowed to come back based on automatic revalidation advantage.

Let me know if you need more info. Also let me know when u r flying. Everything should be fine.
 
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Sahin

Thanks for the detailed info on your friend. If the white I-94 is expired long back, do they still let you in based on that. What happens when you fill out a new I-94, and the previous one is also with you?

Is it better to travel by road, or by air, if you do not have a passport stamp and I-94 is also old? I am planning to leave in 2 weeks time...

Thanks in advance
hmnpa
 
hmnpa

He entered based on his I-20 actually. That means he is still in a good status in US. If u r H1B, u will enter based on your H1B paper. It also has I-94 attached with it. When you entered as Student the I-94 you get is valid as long as your I-20 is valid and you are student.

I would prefer to fly than drive.

Hope this helps.
 
Sahin

I have seen the airlines people asking for I-94 as a MUST. So, in that case what do we tell them? I was planning to go to India for H1-B stamping, but the visa issuance might take 8 working days, and even more, and I have very less time left before my PR expires...so I plan on landing into Canada within 10 days. I plan to do so by Car to minimize any risk. I hope it is Ok to keep travelling to India from Canada thereafter, and not take the H1-B visa stamp at all, and then coming back to US from Canada within 30 days. I have heard that this is possible...

Any experience in this area?

Thanks for all your help
hmnpa
 
hmnpa

Good idea. Let me know how it goes. Which way u r planning to cross the border. I mean which area. I think it is better not to go INDIA now a days. Why worry, u can always come back from canada without visa if u stay less than 30 days. Keep us posted.
 
One suggestion for you, if you will be coming back through Ontario, do not go through Detroit or the Niagara Falls bridge. Both are 2 of the hardest crossing points. (With Detroit being the absolute worst) The Peace Bridge in Fort Erie is one of the best. I always cross there. While I am a Canadian, I have had hassles crossing back into the US in Detroit and Niagara Falls. The following link may prove useful to you no matter where in Canada you are coming back to the US from.

http://www.grasmick.com/ports.gif

Best Regards......
 
I will keep you posted on how it goes...I will definitely try to take the Peace bridge. Thanks for the information. This forum has really been very helpful. I hope I will be able to go to India via Canada without any hassles...If anyone on the forum has any ideas , please let me know. I will really appreciate...

Thanks
 
hmnpa

I think you know already that this 30 days automatic revalidation rules just only between canada/mexico/us. If you go outside those, you can enjoy that automatic revalidation 30 days rules.
 
Sahin

yes I know that the automatic validation rule is only for US/Canada/Mexico , but after I leave US for Canada, and then go to India from Canada, and still return to Canada within 25 days, and then return to US within 30 days from Canada, is that not Ok? I have been hearing conflicting stories....
 
hmnpa

Gosh NO. Oh My GOD. You can not do that!!!!!!

If you leave from canada to INDIA, then u can come back to CANADA from India again as long you have canadian valid visa(Unless U r immigrant or citizen of Canada). Now if you want to enter US from Canada without US valid VISA, you can not. You are not eligible for that. Once you leave canada other than US/Mexico, your automatic revalidation is gone. You need valid US VISA to enter US. Dont get confused.

If you to go INDIA from Canada, you have to apply for VISA at INDIA, have the VISA then come back to US.


If this is the case that you can enter US from Canada after Visiting INDIA within 30 days, everybody would do that. They wont care about US visa then.


Got it??
 
Sahin

Thanks Sahin

You are the first person who has said that this is not possible...I will think and do proper research before doing this...what I am worried about is that if they reject the visa in India after seeing the Canadian PR stamp on my passport, I will lose my job in the US..thats why I was exploring the possibility to go to India via Canada...

lets see...thanks for saving me...i might have committed a big mistake....

anyone with a different experience, please feel free to contribute. it will all of us who are in the same boat.
 
aftertgought

sahin

I know some people who come to US every other weekend. they do not have a US visa, and they just say they are going for 2-3 days, and no one looks at their passport....if we also come in the same way, how would they know if we require a visa or not? just wondering......
 
hmnpa

You can do whatever you like to do. What I am saying is that it is not lawful. Lot of people doing lot of things which not lawful, but some people get caught, some people does not. I wont take that risk.

Your passport will say that you have depart from Canada to INDIA and eneter Canada from INDIA. That is enough to make you fraud for trying reentering US from Canada under automatic revalidation.

Good Luck!!!
 
Hi,

I am on H1 status (B1 to H1), and always in status. At present I am in Canada visiting one of our customers. I have got Canadian multiple entry visa till Jan '03.

During October 1st and December 25th, I will be going back and forth between US and Canada. I have letters from both company (my employer and customer) stating this. At any given time, I will not be in Canada for more than 25 days. Typically after 20-25 days, I will be in US for a week to analyze customer's requirements in office.

My question is, I do not have H1 visa, based on contiguous territory law, I will be traveling back and forth within 30 days. Can I have any problem because I will be doing this multiple times?

I have no intention of applying H1 visa in Canada as my 140/485 will be filled when I return to US in December.

Thanks for your help. If needed I can post my experience at Canadian consulate and entering Canada by Car through Windsor/Detroit.
 
manmit

You will be fine. No matter how many times u travel, just dont stay more than 30 days.
Good Luck.

Let us know how it goes.
 
Sahin

Thanks for all your help. I landed successfully 3 days back. The Canadian immigration lady was very friendly and did not ask anything at all. Also the customs, they did not even see the car or what stuff we were bringing.
While coming back, the US INS officer just looked at my H1-B visa(expired), and the I-94, thats it. No new I-94 issued, no stamp, no questions....Hope this helps others. I went in a rental car both ways. No questions asked there too....

Thanks
hmnpa
 
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