Trips to Can/Mex under existing I 94

ApexLongimanus

Well-Known Member
Automatic Revalidation of Visa

For non-immigrants with expired visas, trips to Canada or Mexico may not require a new visa application. This benefit is called “automatic revalidation of visa.” Currently, the automatic revalidation of visa benefit allows certain non-immigrants with expired visas to reenter the U.S. after a 30-day or less visit to “contiguous territory”.
Contiguous territory is considered Canada, Mexico, or adjacent islands including Saint Pierre, Miquelon, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and Netherlands territory or possessions in or bordering on the Caribbean Sea.
Citizens of Iraq, Iran, Syria, Libya, Sudan, North Korea, and Cuba are not eligible for the automatic revalidation benefit and would be required to have a valid visa for re-entry from contiguous territory.
Any non-immigrant who applies for a new U.S. visa while traveling in “contiguous territory” is not eligible for automatic revalidation benefit. Thus if you apply for a visa in Canada and are denied, you are not allowed to re-enter the U.S. under automatic revalidation benefit.
To re-enter the U.S. under the benefit of automatic revalidation of visa, you must:
Only travel to Canada/Mexico/adjacent islands for less than 30 days and not travel elsewhere
Maintain and intend to resume your nonimmigrant status within the authorized period of admission
Carry your Form I-94, your currently valid I-20 or DS-2019, and valid passport with expired visa
Not apply for a new visa during this trip
Not be from a country that is currently designated by U.S. as a State Sponsor of Terrorism
For more information, refer to U.S. Department of State Public Notice: Change in Automatic Revalidation of Visa Benefit.
We recommend that if you chose to travel under the “automatic revalidation of visa” rule, that you print and carry with you the revised regulation in case the border officer is not familiar with the details of the rule.

http://www.internationalcenter.umich.edu/immig/fvisa/fj_travelvisas.html

http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
 
Oben