Landing experience and automatic visa revalidation

Canada Immigration Forum (discussion group)


 
       
Subject: Landing experience and automatic visa revalidation
  Hi Guys,

As a regular visitor to this forum I would like to share our experience during the landing process in Canada and returning back to the US using automatic visa revalidation.
I am on H1B status with valid H1B visa and valid I-94. My wife is on H1B status with expired H1B visa (expired in August 2003) and a valid H1B approval notice (valid till Aug 2006). My child is on H4 as a dependent to my wife?s H1B, child?s passport is with valid H4 visa and valid I-94.

We boarded our flight from San Jose, CA to Toronto changing flight at Chicago. At San Jose our passports were checked to Canada visa before giving our boarding passes. No one asked for our I-94 copies. We however removed and kept the same separately. At Chicago when we were waiting at the gate to board our flight to Toronto the lady at the gate made an announcement saying that all the non US and Canadian citizens to meet the immigration officers waiting near the gate. There were 3 officers with an electronic gadget that looked like a handheld terminal similar to the one used by the rental car places when you return the car to scan your car?s bar code and give a receipt. The immigration officers scanned our US visa page (expired or unexpired ? it doesn?t matter) in our passport into the device which popped our information on the screen. They asked us to keep our index fingers on to a small window on the device and took picture using the same device. Then they gave a small print out 2x2 that reads US-Visit Homeland security and our name. This slip is necessary to board the flight that leaves US.

When we were ready to board the lady at the gate asked our I-94s for which I replied that we are returning next week. There was no issue she let us inside the flight.

In the flight we were given customs declaration form which we filled out in flight. After we landed we proceeded to immigration section where we told an officer that we are landing today to get PR. We were guided to a waiting hall and asked us to wait. Few minutes later a day from one of the cabins in the hall took us inside. She welcomed us to Canada and asked for our passports with landing documents. She asked for the proof of funds (we took cashier check of USD 13500 and travelers Check worth USD 500) which we showed. Later she asked about the address where we are going to stay. We gave our friends address in a printout. She wrote the address on the landing documents and told us that we will be getting the PR cards in mail in the next 3 weeks. She also told herself that ask our friends to mail (FedEx) the card to us in the US which is needed to get in Canada the next time. After completing the paper work she told us that we are now Canadian PR and guided us to another gentleman. He gave us the SIN application forms/ Health coverage forms and brochures that welcome us to Canada.

The next day we visited the nearest office (SIN) and applied for all three of us including our child who is 11 years old although it is not a must for the child until certain age. The officer there recommended us to apply for the child as it may prove helpful in case one is interested in child tax rebates. The next two days we went for sight seeing in Toronto/Niagara. Although it is not my first visit Toronto I would admit that I visited lot places this time that too using public transport. There is a family day pass for only $8.00 total that one can use for unlimited travel by subway/bus for a day. One can get this pass from one of the subway stations.

The third day we had an early flight to the US leaving at 6.30 in the morning. We reached airport at 4.00AM. We got our boarding pass and had to take all our bags including checked bags inside to the US immigration. We waited in the line. We were asked to fill out the customs declaration form and I-94(if necessary). We filled customs form and mentioned $14000 we are carrying with us. We also filled in fresh I-94 forms just in case. US immigration hall opened at about 4.30 AM. As were the first few we were inside immediately.

Immigration officer asked our passports. I kept my wife?s H1B approval notice handy. The officer quickly scanned our passports and kept mine and our child?s passport away. He took my wife?s passport and asked for the approval notice. He said we need to attach the bottom portion of the approval to our passport all times. There two portions at the bottom of the approval notice. According to him both the slips need to be attached to the passport. He started explaining the automatic visa revalidation process by saying that one can use it when returning from Canada/Mexico within 30 days. He advised my wife to apply for visa during next travel outside the US to any country other than Canada/Mexico. He asked for new I-94 form only for my wife. He corrected the country of residence to Canada instead of US after asking if we were landed immigrants. I looked at him a little puzzled. He asked me where will I go if I loose my job in the US,? Is it not to Canada?? I said yes. ?Then your country of residence is Canada?. He attached the new and old I-94s to my wife?s passport. He stamped a port of entry stamp with date on all our passports. He entered our respective status on the stamp with approval notice number and validity date. We thanked him and he wished us all a safe flight. Overall he was the most courteous US immigration officer I came across.

He also looked at our customs declaration form and after seeing the currency portion he asked me how much I am carrying. Then he guided us to a special room in customs. Customs officer took the form and asked us to show the money. We gave him the cashier check and travelers check. He looked at the back of cashier check and told us if the cashier check is not signed at the back it is non negotiable instrument hence no need to declare it. We came out and handed our checked bags and passed through the security to board the flight to the US.

I hope this story helps the people who are planning to land.





[09-01-2006,19:34]
[**.231.162.29]
Jr1968
(in reply to: Landing experience and automatic visa revalidation)
Thanks for sharing in detail. This should help all those people going for automatic revalidation.

George

[09-01-2006,21:45]
[**.110.201.11]
George
Thanx for the good explanation (in reply to: Landing experience and automatic visa revalidation)
I am planning to use the auto validation for my PR status.
[25-01-2006,14:58]
[**.1.66.177]
Dinesh Sharma
Expired I94? (in reply to: Landing experience and automatic visa revalidation)
I have an expired visa stamping on my passport. and I94 also expired the same day when my stamping on the passport got expired. Now i have my H1b visa extension approval notice. I am palnning for a trip to mexico for 4 days. Can I enter back to US using my H1 B extension approval notice and expired I94?
[04-03-2008,18:14]
[**.60.136.103]
Raj
A question (in reply to: Landing experience and automatic visa revalidation)
Hi,

i became a canadian pr on mar 30, 2008. i went to canada from usa. during that they took my i-94 out.
while coming back from canada to usa, i didn´t need to go through any immigration check. i called their officer (assistant) for a reason and he mentioned that i only need if i travel from some other country rather than canada. canada is domestic to usa.

So am not sure, where is my I-94? How do i get it. Can i got back to Canada and reenter US again?

Thanks
Pranav.

[12-08-2008,16:54]
[**.192.95.254]
pranav
Depends (in reply to: Landing experience and automatic visa revalidation)
A little under a year ago, I went to Canada from US. I was on H1-B status (not visa) and my F1 visa expired.

Normally, if the trip is within 14 days, the expired visa can be revalidated at the re-entry point to US. We dont´ need a visa to come back to the US. Of course, bring all the document you have as far as your immigration is concerned.

In my case, there was an issue. The ´expired´ F1 visa was on my old passport which I turned in prior to that year upon receiving a new one. Before turning in the old passport to my national embassy, I took all the US related paperwork from there including the expired F1 visa.

Apparently, my original I-20 and the unstapled expired F1 visa wasn´t good enough for the border patrol officers. He said, ´the process is called auto revalidation. that is revalidating the expired visa for the reentry purpose. the fact that i had it removed from the passport it was orginally issued to, he said I would need to make an appointment all over again and get a visa.´ He outright refused my re-entry although my new passport clearly stated that it was issued upon the old one expired. He made me sign a paper to ´retract my attempt to enter´ and I had to swear at the airport that my story was true.

Btw, prior to going to his immigration office, another border patrol lady took out my old student I-94 from the passport and said it´s irrelevant. I had it attached along with my current H1 I-94. Anyway, later when I got to re-enter, another border patrol was asking me for that paper. I informed her that it was taken out during my first attempt to re-enter, she said the lady shouldn´t have done that. It was totally uncalled for. that paperwork is part of my immigration history and now I don´t have it anymore.

Upset, i went to the embassy in Canada. They wouldn´t greet me without an appointment paperwork. To make one, I had to go online and book a time. The only available slot then was three months later. I went back to the embassy explaining the situation about my making the appointment and my problem altogether to the officers guarding the embassy. One guy spoke to a counsulor and she was a bit helpful. She told me to make an ´emergency´ appointment and they would consider making an exception. Anyway, I had to go through the whole process and finally, I managed to re-enter.

Btw, my immigration lawyer had said that it shouldn´t matter and he gave me a greenlight to go. But apparently, things happened. I updated him so that he could warn others.

In case you wish to read, i started a blog just yesterday. it´s http://secondvoyager.wordpress.com

[13-08-2008,10:56]
[**.231.164.180]
Emerson
Depends (in reply to: Landing experience and automatic visa revalidation) (in reply to: Landing experience and automatic visa revalidation)
Hi Emerson,

You mentioned that you took out the expired visa page from the old passport and you just had the new passport with you. How about if one has old and new passport together while travelling and the expired visa is in the old passport? Can they use AVR having new and old passport together? Please share you opinion. Thanks.

[22-10-2008,13:26]
[**.157.210.59]
Vicky
(in reply to: Landing experience and automatic visa revalidation)
Blogs such as this was of great help to me when i was planning my landing in Canada. I landed 5days ago with my wife and 2 children, and all went well, perfectly, despite the fact that i am on F-1 and my wife on H1-B. Thanks to God and the good contributions of kind hearted and good natured people on these blogs. Thanks to you guys though i do not know you but God will bless you immensely.
[18-08-2009,15:12]
[***.183.215.67]
Faisal Nura
in reply to: Landing experience and automatic visa revalidation (in reply to: Landing experience and automatic visa revalidation)
IF one is travelling using AVR. how do you get a boarding pass with an expired visa to begin with. Its my understanding that a boarding pass is issued if you have a valid visa.
[25-02-2010,16:34]
[***.35.208.23]
Sm0099
(in reply to: Landing experience and automatic visa revalidation)
You need not surrender the I-94 when going to Canada. You can use the same I-94 to return to the US within 30 days. Hence, the air lines will have no issue in giving you a boarding pass even if you have an expired visa on your passport.

This is my understanding. You can check with an attorney.

[26-02-2010,03:53]
[**.71.196.222]
jr1968
(in reply to: Landing experience and automatic visa revalidation)
Thanks jr1968.
This post is extremely helpful.
I plan on flying from Atlanta to Calgary this June to complete my landing. Then I intend on coming back using AVR since i have an expired H1b visa and a new petition. My passport has my old I94 still attached to it. I dont think it matters if the old i94 is even removed by the airport authorities since its expired any way.
I can show the new i94 on 797 for my re-entry.

Your post is very helpful. Thank You once again!

[28-02-2010,01:45]
[**.126.172.127]
Sm0099