Landed Immigrants Without Visas Cannot Be Readmitted on I-94 Card?
Can somebody explain this news:
Landed Immigrants Without Visas Cannot Be Readmitted on I-94 Card
Jeff Gorsky, Chief of Advisory Opinions, Office of Legislations, Regulations and Advisory Assistance, Visa Office, confirms to AILA's DOS Liaison Committee that Canadian permanent residents in the U.S. who have not obtained nonimmigrant visas (as they now must do) and who subsequently return to Canada CANNOT take advantage of the automatic revalidation provisions of 22 CFR Section 41.112(d) in seeking readmission to the U.S. Hence, even if they meet all the requirements of subsection 41.112(d)(2) (I-94 with continued validity, seeking readmission within 30 days, valid passport, etc.), because they do not have a visa, there is nothing to revalidate. As a practical matter, this means they must anticipate applying for, and obtaining, a visa before seeking readmission.
Posted on AILA InfoNet at Doc. No. 03102944 (Oct. 29, 2003).
22 C.F.R. § 41.112(d) provides:
(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;
(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.
