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Automatic Visa Revalidation - Lawyers, please respond

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  • Automatic Visa Revalidation - Lawyers, please respond

    hello,

    The law says that anyone with a valid I-94 even if the visa is expired, can visit Canada or Mexico for less than 30 days and come back into the U.S. without any problem. Then, the new rules state that "Beginning March 17, 2003, except as noted below, all landed immigrants in Canada seeking to enter the United States as non-immigrants must possess a valid passport and non-immigrant visa in order to enter. Please note that there is no change to the Visa Waiver Program in place for the countries in bold italics below or for any other countries participating in that program. The new requirement will apply to citizens of the following countries who were formerly exempt from visa requirements:"

    So the question is this: If the country you are from originally is NOT in the list, does that mean that you do NOT need a valid visa to re-enter the USA as long as your I-94 is valid? The statement is extremely confusing.

  • #2
    hello,

    The law says that anyone with a valid I-94 even if the visa is expired, can visit Canada or Mexico for less than 30 days and come back into the U.S. without any problem. Then, the new rules state that "Beginning March 17, 2003, except as noted below, all landed immigrants in Canada seeking to enter the United States as non-immigrants must possess a valid passport and non-immigrant visa in order to enter. Please note that there is no change to the Visa Waiver Program in place for the countries in bold italics below or for any other countries participating in that program. The new requirement will apply to citizens of the following countries who were formerly exempt from visa requirements:"

    So the question is this: If the country you are from originally is NOT in the list, does that mean that you do NOT need a valid visa to re-enter the USA as long as your I-94 is valid? The statement is extremely confusing.

    Comment


    • #3
      It depends, if you have a multiple entry Visa or not. If at the time of re-entry the Visa has expired so the person is not admissible to enter the United States.
      Good luck.

      Comment


      • #4
        Umesh,

        please read my question again, since you did not answer it. I will try to clarify. ASSUMING that someone does NOT have a valid visa (meaning that the visa has expired), but he still has a valid I-94, and he is a national of a country that is NOT in the list of countries that requires spcial registration, does that mean that he can re-enter the USA, or will he need to renew his visa if he plans to re-enter the USA after March 17th ???

        Comment


        • #5
          I said clearly that if Visa is not valid then you can not enter again in the United States. Even if your Visa would have been valid still you need Multiple Visa. I-94, is just a permission for you to stay in the United States which does not allow you to reenter. Visa is issued by State Department whereas permission to enter in the country is given by INS.
          Good luck.

          Comment


          • #6
            Umesh,

            I know what you are saying, and that applies to anyone arriving from countries OTHER than Canada or Mexico if they have been there for less than 30 days. are you taking into account the law on Automatic Visa Revalidation, or is your comment based on just general stuff?

            Comment


            • #7
              I think Umesh is right. I-94 is your permission to BE in the USA, a visa is your permission to ENTER the USA.

              If you leave the country (even to mexico or canada) you have to cross back through a POE to re-enter and are thereby taking a risk.

              Although the laws are different for certain areas (like Ciudad Juarez/Tijuana, and a valid passport is not necessary to cross the border - only a driver's license) and therefore an I-94 may be enough for you to get back in, nevertheless it is a bit of a risk, and you have to decide if that is worth taking.

              Comment


              • #8
                also according to what you wrote the list provided is only in regards to people from countries that DID NOT formerly require visas. It will apply to all countries that require/d visas.

                but if you are actually an immigrant to the USA and not to canada, I do not know if you would be considered a "landed immigrant in canada."

                Comment


                • #9
                  To AVR:
                  The law has been changed since April, 2002, if you have valid I-94 and stay in Canada or Mexico for less than 30 days then you can come back under Automatic Visa Revalidation provision. But there is an exception, if you have an expired Visa and try to get new Visa in Canada or Mexico and Visa is denied by the Consulate then you cannot reenter the United States, otherwise you can reenter the United States under Automatic Visa Revalidation provision.
                  For entry into Canada you need to have Canadian Visa and Passport valid for atleast 6 months.
                  Good luck.

                  Comment

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