Visa revalidation (30 Days) rule

J

JACKINABOX

Registered Users (C)
Does any one of you know if the 30 day rule is still valid for rentry into the US after a travel to contgious territory (Canada, Mexico). I think this rule is called the Visa Revalidation rule as stated in CFR 22?

I donot fall under any of the restrictions stated in this rule. That is i dont wish to apply for a new visa, i dont belong to any of countries listed as terrorist sponsoring nations and i dont wish to travel anywhere outside Canada.

Has anyone gone to Canada and came back to the US on a valid I 94 but without an H1 visa stamp in their passport. If so what method of entry would you recommend by air or road.

Would appreciate any help in this regard.

Thanks
Naveed
 
Yes 30 day rule is still valid for "tourists" not undertaking US consulate business in canada.
 
Jaxen,

Can you please explain.. I'm in a similar situation.. I have my I 797 valid till Jan 2005.. But the stamp on my passport expired in June 2000..

I cant send my passport for revalidation coz its been more than a year.

I was wondering if its a good idea to go to Canada to get my VISA stamped. I dont see any reason why they should reject it. but incase they do, can I enter the US under the 30 day rule..

Please advice.

Thanks
 
No you cannot. in Apl 2002 BCIS issued an exemption to people who go for getting a visa in canada but are denies the visa. They cannot claim reentry under the 30 day tourist rule.
 
If you used the 30 day rule 6 months ago can you please share with us what port of entry/exit you used, what questions were asked, did you surrender your 194 before leaving the US or any other information that you might deem useful.

Really appreciate your help. Planning on going to Canada for a short trip and wanna make sure i can get back without a H1B visa stamp on my passport.

I am a Canadian PR.

Thanks
Jack
 
Well it was not me.
But here is what you should expect/do
Before and while going out of US
Make a copy of the I94.
Dont give the I94 to the airlines when you get the boarding pass or if the airline representative asks to. If they insist ask to be referred to a senior rep or somebody with immigration knowledge.
Preserve your boarding pass (date of departure info).



Coming Back into US
Just walk up to the POE inspector, show the H4 visa and the I94. If you dont have the I94, request them that you want to exercise the 30 day rule and tell them that you did not go for visa stamping. that is all to it.
 
Everybody,

The 30 days revalidation rule may not work anymore. It had worked for few people but most people said it does not work. In fact, the new rule is if you want to enter USA, you need to have visa. No where it says, this rule will supercede all the previous rules including 30 days AVR, but I guess some immigration office are using it like that way. The example Jaxen is giving is 6 months old. The new rule came in effect on March 17th. We had numerous discussion on this issue about this. So, keep a back up if you are planning to use 30 days rule. Like say, keep AP or have all the documents to apply H1 in Canada or even mental preparation to go to your home country if you get rejected in Canada.

muntasir
 
Jaxen,

Check the follwing link:

http://www.usconsulatetoronto.ca/co...=visas&document=landed_newrequirements_021803

I don't have access to any memo. But this says any landed immigrant in Canada will require visa to enter to USA. Now, some immigration officer is using that even though you have a H1B approval but no visa on your passport (like you had an F1 and then got the H1B approval). Some people like "Vault" tried using the 30 days validation rule when he went to Canada and was trying to enter back. The visa refused to let him get back to USA saying you need a visa even though you went few days back. He had to go to the USA consulate at Toronto and apply for a visa.

I am from a SR country and planning to visit Canada. I called the airport immigration office at O'Hare airport and they said they will let me keep my I-94 if I mention that I am going to come back within 30 days. I am not sure whether this will work, but definitely I will update once I am back on July 7th.

muntasir
 
Well 30 days rule has never been applicable to landed immigrants. They were considered as Canadian citizens before, but now they have this predicament.
So the 30 day tourist visa (i.e. go as tourist to Canada and not as a landed immigrant or a canadian citizen- different rules) is valid for third country nationals...
 
Could anybody provide an update on whether the 30 days rule is still valid? I am not a "landed immigrant to Canada", just a pure tourist. Thanks.
 
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