Need Urgent Help!!

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gc_rfe_123

Registered Users (C)
Folks,

I recieved an RFE from NSC for my 485 application. Here is the RFE details.

Please submit evidence of your retun to the U.S. after your departure to Canada on <Date> such as a copy of any new Form I-94 Departure Record issued to you, or an immirgration stamp(s) in your passport, or other such documentation. If no new documentation was issued to you by this Service upon your return, so state and briefly describe the duration of your stay in Canada and the date and location of your return.

I drove to Windsor Canada from Detroit and returned very next day. I drove back from Windsor to Detroit.
Upon our return from Canada, Immigration officer did not issue a new I-94 or a stamp in the passport as i had a Valid I-94 for 2 years from that date. They just checked my passport and I-94 and let me go.

So, i do not have any stamps in my passport for my return.

I do have some medical statements dated a couple of weeks after my return. Will this help???

Has anyone got similar RFE??? Plese help!!.
 
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I guess you need to concentrate on this statement "If no new documentation was issued to you by this Service upon your return, so state and briefly describe the duration of your stay in Canada and the date and location of your return."

So in this case you will simply state that you left on xyz date and returned on abc date from <POE>, and no documerntation was issued. You can site the 30 day revalidation rule, i.e. you do not need a new I-94 if you enter and depart Canada within 30 days. Do some research on the 30 day automatic revalidation rule and always consult a lawyer.
 
Serta2002,

Thanks for this reply. I did not know there is a 30 day re-validation rule.

I research on this. Also, should i send my medical documents to prove that i was back in US.

Really appreciate your inputs.
 
Guys,

Here is what i found about 30 day revalidation rule.

You can use 30 day revalidation rule to Canada if,

1.if one doesnt have valid (may have expired visa) visa in the passport
2. Has been visiting canada for less then 30 days
3. & have not visited US consulate in Canada for visa stamping purpose.
 
I don't think they need any proof, all they are asking for are the dates when you left US and enterd US and at which POE. Along with this a breif explaination that you were not given a new I-94 should do, just as the one you wrote in your first post:

"I drove to Windsor Canada from Detroit and returned very next day. I drove back from Windsor to Detroit.
Upon our return from Canada, Immigration officer did not issue a new I-94 or a stamp in the passport as i had a Valid I-94 for 2 years from that date. They just checked my passport and I-94 and let me go."
 
Serta2002,

Appreciate your input. I have one question. Immigration office not even put a stamp on my passport. I know re-validation rule talks about I-94. But how about no stamp on the passport.

Is that covered unser 30 days rule too?.

I checked on the web and could not find an answer for no stamping on the passport.
 
I am a Canadian Citizen and you are not issued a new I-94 and you do not necessarily get a stamp in your passport when you travel to Canada. I always make sure to get them to stamp my passport just so there is some record. Some places will automatically stamp your passport others just check your passport and let you through. Depends on the Officer you see at the port of entry.
 
lawful admission

I have simillar situation. Does any one know , using automatic visa revalidation to enter US is considered a lawful admission. when filling the I-485 form what is the manner of entry, is this the status on the I-94 we used to enter ? I did have stamp(admission stamp) on the passport. But no visa and no new I-94. can we put the date on the last entry from visa revalidation if it was the last entry to U.S.
 
This is an interesting point

I do not think they will consider revalidation as a lawful admittion. I think you have to have new visa stamp for lawful admittion by the definition.
Any othe input?
 
Depends on citizenship

Canadian citizens can come and go without even carrying a passport. I have never had a single stamp in my passport (other than the day I got a TN, then the day I used AP) and crossed over a handful of times. I even crossed once when the guy didn't even take my passport/AP etc. About 15 seconds at the booth in Sarnia, "Thank you have a good trip".
 
I have similar experiences as SirZ. I am an Indian citizen though. Went to Canada almost 10-15 times and never got any stamp on my passport. Until I read this post, I was under the impression that is how it works with Canada.

gc_rfe_123- As sertra2002 said, you should concentrate on the second part of the letter. I feel an explanation would be good enough. If it makes you feel better, you could mention, additional proof of my return to US could be provided if requested. And if you look closer, you will find a lot of more proofs than a medical exam. I wouldn't be too worried about this. I think it is just a formality. Consult an attorney before you submit the response. He/She would give you the best advice and appropriate draft of the response.

Good Luck
 
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