Re-entry to US from Canada with valid I-94 after admin processing??


IndianOnVisa

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Hello friends,

 

The answer to my question would help a whole bunch of ppl stuck in Canada (or maybe Mexico) on admin processing. So any information would be widely helpful.

 

I intend to go for H1 (extension) stamping in Canada (Vancouer) in August.

 

In a given scenario where if I travel to Canada through bus (from Seattle) as opposed to a flight, I don't have to turn-in my I-94 card. If unfortunately my visa is put on hold for further admin processing (as is, with many cases these days), can I return to US by bus as I'd still have my I-94 with me? 

 

I recently learnt that we could do that (re-enter US when u have I-94 valid even though visa is expired). If this is the case it would avoid huge expenses and the pain/frustration in Canada waiting for the visa (for an indefinite period of time!!!)

 

Please reply if you've known anyone who has done it, or if you're aware of such a possibility. Any info would be highly appreciated.

 

Thanks and good luck.

 

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It doesn't matter which transportation mode you choose, I-94 cards won't be detach from your passport for Canada trips. I have travelled several occasions by flight and car. Never took my I-94 card.

 

Since, 2004, I have stamped my H1s five times from Canada(3 in Vancouver, 1 each in Montreal and Ottawa). I was also going thru similar dilemma in each trip like you. Fortunately, never got a situation of admin process.  

 

Since your current visa already expired, it's all depends on the CBP officer at POE. However, there are folks (very few though) crossed border used I-94 card alone. If a re-stamp is necessary, you have to go and get it done. If you think the adversity too much, life won't move forward.

 

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In a given scenario where if I travel to Canada through bus (from Seattle) as opposed to a flight, I don't have to turn-in my I-94 card. If unfortunately my visa is put on hold for further admin processing (as is, with many cases these days), can I return to US by bus as I'd still have my I-94 with me? 

 

I recently learnt that we could do that (re-enter US when u have I-94 valid even though visa is expired). If this is the case it would avoid huge expenses and the pain/frustration in Canada waiting for the visa (for an indefinite period of time!!!)

 

That's possible only if you won't attend visa interview. That's called AVR. You can get more details in their website.

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Technically if you have been issued a 221(g) slip, that counts as a Visa Refusal and then you cannot use your I-94 card to enter the US.

Reuse of the I-94 card is allowed only for short trips (30 days or less) to Canada and Mexico and only if you have not applied for and been refused a US Visa. Check the CBP website - I recall seeing a detailed document that spelled out this requirement.

 

**Above is info only - I am neither an expert nor a qualified immigration attorney.

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Hello friends,

 

The answer to my question would help a whole bunch of ppl stuck in Canada (or maybe Mexico) on admin processing. So any information would be widely helpful.

 

I intend to go for H1 (extension) stamping in Canada (Vancouer) in August.

 

In a given scenario where if I travel to Canada through bus (from Seattle) as opposed to a flight, I don't have to turn-in my I-94 card. If unfortunately my visa is put on hold for further admin processing (as is, with many cases these days), can I return to US by bus as I'd still have my I-94 with me? 

 

I recently learnt that we could do that (re-enter US when u have I-94 valid even though visa is expired). If this is the case it would avoid huge expenses and the pain/frustration in Canada waiting for the visa (for an indefinite period of time!!!)

 

Please reply if you've known anyone who has done it, or if you're aware of such a possibility. Any info would be highly appreciated.

 

Thanks and good luck.

When you go by road near border they will take away your I94 from passport. If you are lucky then they there is chance that you may re-enter if the border immigration officer allows you with old i94.

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The short answer to your question is "NO".

 

Note: Entering US with a valid I-94 & an expired US visa is known as "Automatic Visa Re-validation (AVR)".

 

You are not eligible for Automatic Visa Re-validation as you will be applying for a new US visa.

 

You can enter US on AVR if you have gone to Canada/Mexico for less than 30 days and haven't applied for a new US visa and haven't travelled to a third country during your visit. You need to have original I-94.

 

http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/clp/bulletins/auto_reva.ctt/auto_reva.pdf

 

http://www.travel.state.gov/visa/temp/info/info_1299.html

 

Let me know if any question.

 

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