ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Can I return to US from Canada if visit < 30 days?

USA immigration, green card questions:
Employment based Green Cards | H-1B visas | Family based Visas | Citizenship

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
darikusa
Newbie
Posts: 36
Joined: Wed Mar 17, 2004 3:39 am

Can I return to US from Canada if visit < 30 days?

Post by darikusa » Sun Apr 25, 2004 11:17 pm

Hi,

I need to visit Canada to attend an important ceremony for not more than four days.

My situation is like this. Currently I am on H1-B visa. I have Notice of Approval(I-797) but not a stamp in my passport. I think that I would be able to get a Canadian Visit Visa.

I have heard that one may enter US from Canada if the visit was no longer than 30 days. Is it true and if anyone could share their experience of their visits after 9/11?

Thanks in advance.

Cosmopol
Member of Standing
Posts: 439
Joined: Fri Sep 12, 2003 1:01 am
Location: London

Post by Cosmopol » Tue Apr 27, 2004 3:17 pm

I have not encountered cases of short trips to Canada after 9/11, but I was under the impression that you can actually get your passport stamped with an H1B visa while in Canada and come back with that visa. I know it's now only allowed to do in one's country of origin or residence, but Canada has been an exception in so many rules... It may be worth inquiring with a U.S. Consulate in Canada.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Tue Apr 27, 2004 4:43 pm

Darik,

I am not as conversant with the US immigration system as I am with the UK's but my understanding is that you can re-enter the US under the circumstances described as per the concept of 'automatic visa revalidation' as long as:

1. You are not a national of one of the seven countries designated as state sponsors of terrorism - you will need to do some leg work on this but of the top of my head I believe it includes Iraq, Iran, Libya and Sudan.

2. You do not apply for a visa at a US conulate in Canada which is then rejected e.g. H1. Be aware that if you end up needing an enhanced security check you could be stuck in Canada for a long time which then gets you into a fine mess with the Canadian authorities.

3. You retain your I-94 issued/ accompanying the I-797 and endorsed as valid to a date beyond your re-entry into the US. Do NOT give the I-94 to the Canadian Immigration Officials or the commercial carrier taking you to Canada.

4. Your stay in Canada is less than 30 days.

5. You have never been out of status in the US.

As all things relating to US entry it is best to check with the officials at the relevant US Port of Entry for the latest/ up to date position.

Happy travelling

darikusa
Newbie
Posts: 36
Joined: Wed Mar 17, 2004 3:39 am

Post by darikusa » Wed Apr 28, 2004 12:25 am

Thanks a bunch

Locked
cron