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celtic

New Member
Hi,

I am a doctor currently in the U.S on visitors visa(have a multiple entry).My I-94 is valid till the April 14th.I am scheduled to take an exam in early May in the U.S,so my questions are...

1.Can I visit Canada and come back to take my exams with a fresh I-94?

2.How long should I technically be outside the U.S port to geta fresh I-94?

3.I will be needed to stay for 1 week for my exams,so what should I do?

I would appreciate your comments at the earliest.
 
Yes you can visit Canada, assuming you have a valid visa and you are admitted as a visitor. Please make sure you surrender your I-94 upon admission. You can seek re-admission to the US. No guarantees, but if you are admitted, you will be given a new I-94.
celtic said:
1.Can I visit Canada and come back to take my exams with a fresh I-94?
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Technically, you can return in 10 minutes if you like. I would personally give it a week.
celtic said:
2.How long should I technically be outside the U.S port to geta fresh I-94?
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Tell the officer that you intend to stay for a week. No problem in that.
celtic said:
3.I will be needed to stay for 1 week for my exams,so what should I do?
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You should file for extension

You have a better chance of approval if you file for extension. Visiting Canada or Mexico is not considered as leaving the US for immigration purpose and your re-entry can either be denied or you will be given upto the original date on your previous I-94.

Otherwise you must be able to convince the immigration officer that you visited Canada for a valid reason and not for the sake of getting an extension.
 
I disagree with that. If a B-2 visitor surrenders his/her I-94 when leaving for Mexico or Canada, that act terminates the current I-94. Upon seeking re-entry, the applicant will be treated as a fresh admission seeker. Regarding denials, that variable exists for anyone seeking entry as an non-immigrant. Whether it is first time or any other time.
During my AOS, I surrendered my parolee I-94 at the Canadain border, visited my folks for a few days and returned on my new AP document and got a fresh I-94.

kartheg2 said:
Visiting Canada or Mexico is not considered as leaving the US for immigration purpose and your re-entry can either be denied or you will be given upto the original date on your previous I-94.
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You are a resident of Canada

The Fact that you mention that you visited your folks clearly indicates that either you are a resident of Canada or have a valid reason to visit Canada.

However that may not be the case for everyone. If this was indeed possible, many individuals would be making trips to Canada & Mexico and living in the US indefinately.

Obviously many who tried this option were refused entry into US or given 2 weeks Visa and told to return to their Country of Residence or country where their US Visa was issued before re-visiting the US again.

Immigration officers are aware of those taking advantage of this and are on the look out. Ultimately its a matter of convincing the Immigration Officer.
 
I agree with what you say totally. ICE officers will (and should) clamp down on folks who intend and attempt to use visit visas as a means to live in the US. However the point I was trying to make was this, visiting Mexico and Canada just from a touristic point of view is a legitimate reason to travel there. One does not need to be a resident of Mexico or Canada or have relatives there. Upon return to the US, the applicant will be treated as a fresh admission seeker. The ICE officer will hold final say in whether to admit the applicant or not.
In my opinion (and it is just that, an opinion), the OP has an equal chance in prolonging his US stay by submitting an I-539 or taking a fortnight break from the US and returning for a second admission. The one facet I do not like about I-539 is that a rejection will make your multiple visit visa null and void. On seeking re-admission, the applicant may be given a chance to withdraw his request to enter if the officer is not satisfied.
It is the OP's call at the end of the day. I hope he chooses wisely.
 
Celtic should apply for extension

A rejection in the extension does not void the multiple visa. I know this from speaking to at least 3 immigration officers at the USCIS number. However if you leave before you receive the decision and the extension later gets denied, it can raise suspicion when re-entereing US. If the extension is denied, it is best to stay out of US for an extended period of time past at least the extension date that was applied for.

Multiple entry Visas are usualy voided when one does not leave the US in a timely manner or if a crime is commited.
 
Well I must admit that 222(g) is worded very vaguely. However, one interpretation of it does indicate what I said earlier. You have a read and let us know how you deduce it.
 
Seems like you are new here

It sounds to me like you are new to this forum. You should do a search 222(g) and see the number of hits you get.

Its an old issue that has been discussed over and over again and I don't want to go into this very old subject again.
 
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