bhartiamit

If i have a Valid I-94 but not a H1-B visa stamp on my passport can i cross the bridge at Niagra falls for a few hours and come back to USA based on just the I-94? Like say if I wanted to see the Niagra falls from the Canada Side, Can i cross over and cross back without any issues?

Thanks!

crg

What is your citizenship? Do you have any visa stamps in your passport at all? Unless you're Canadian/Bermudian, you'd need at least an expired (not cancelled) visa in your passport along with an unexpired I-94. You can't apply for a visa while in Canada, must have a valid passport, and must be otherwise admissible. Also, citizens of some countries cannot revalidate a visa even after a short visit to Canada.

bhartiamit

Thanks for your response. I have an expired H-4 visa in my passport and my I 797 and I-94 are valid till 2006. I'm an indian citizen and I am planning to visit Niagra falls next month so wanted to check.
I don't intend to stay there more than a day or two and i have a valid passport.
Please do let me know as much as possible and if there's a written law, please let me know what the number is so i can have it when i travel.
Thanks

crg

Also, you can't do it if you have a 212(d)(3)(A) or (B) waiver.

You can print out the law, but the officers at the border will be familiar with this regulation because it is quite common.

It's under 22 CFR 41.112(d).

http://a257.g.akamaitech.net/7/257/2...2cfr41.112.htm

"(d) Automatic extension of validity at ports of entry. (1) Provided
that the requirements set out in paragraph (d)(2) of this section are
fully met, the following provisions apply to nonimmigrant aliens seeking
readmission at ports of entry:
(i) The validity of an expired nonimmigrant visa issued under INA
101(a)(15) may be considered to be automatically extended to the date of
application for readmission; and
(ii) In cases where the original nonimmigrant classification of an alien
has been changed by INS to another nonimmigrant classification, the
validity of an expired or unexpired nonimmigrant visa may be considered
to be automatically extended to the date of application for readmission,
and the visa may be converted as necessary to that changed
classification.
(2) The provisions in paragraph (d)(1) of this section are
applicable only in the case of a nonimmigrant alien who:
(i) Is in possession of a Form I-94, Arrival-Departure Record,
endorsed by INS to show an unexpired period of initial admission or
extension of stay, or, in the case of a qualified F or J student or
exchange visitor or the accompanying spouse or child of such an alien,
is in possession of a current Form I-20, Certificate of Eligibility for
Nonimmigrant Student Status, or Form IAP-66, Certificate of Eligibility
for Exchange Visitor Status, issued by the school the student has been
authorized to attend by INS, or by the sponsor of the exchange program
in which the alien has been authorized to participate by INS, and
endorsed by the issuing school official or program sponsor to indicate
the period of initial admission or extension of stay authorized by INS;
(ii) Is applying for readmission after an absence not exceeding 30
days solely in contiguous territory, or, in the case of a student or
exchange visitor or accompanying spouse or child meeting the
stipulations of paragraph (d)(2)(i) of this section, after an absence
not exceeding 30 days in contiguous territory or adjacent islands other
than Cuba;
(iii) Has maintained and intends to resume nonimmigrant status;
(iv) Is applying for readmission within the authorized period of
initial admission or extension of stay;
(v) Is in possession of a valid passport;
(vi) Does not require authorization for admission under INA
212(d)(3); and
(vii) Has not applied for a new visa while abroad.
(3) The provisions in paragraphs (d)(1) and (d)(2) of this section
shall not apply to the nationals of countries identified as supporting
terrorism in the Department's annual report to Congress entitled
Patterns of Global Terrorism."

Ramesh Pun

Indians require a tourist visa to enter Canada. If you enter Canada from the
US, and plan to return to the US, you need to have an unexpired visa stamped
in your passport.
If you dont have the visa stamped in your passport, not only will you not be
allowed to enter Canada, but even if you were somehow to get into Canada,
you would not be allowed to enter back into the US without getting the visa
stamped in your passport, either in Canada(not very likely), or back in
India (very likely).

All that said, if you intend visiting Niagara, make sure you see it from the
Canadian side, travelling to see it only from the US side is not worth the
travel.


"bhartiamit" <member34235@british_expats.com> wrote in message
news:[email protected] m...
    > If i have a Valid I-94 but not a H1-B visa stamp on my passport can
    > i cross the bridge at Niagra falls for a few hours and come back to
    > USA based on just the I-94? Like say if I wanted to see the Niagra
    > falls from the Canada Side, Can i cross over and cross back without
    > any issues?
    > Thanks!
    > --
    > Posted via http://britishexpats.com

crg

"Indians require a tourist visa to enter Canada."

That's correct.

"If you enter Canada from the US, and plan to return to the US, you need to have an unexpired visa stamped in your passport."

That's false. They can revalidate for a visit to Canada of less than 30 days if they don't apply for a visa while in Canada and are otherwise admissible.

"If you dont have the visa stamped in your passport, not only will you not be
allowed to enter Canada"

If they have a Canadian visa that's false. Canadian officials know about automatic revalidation. They see it all the time.

"but even if you were somehow to get into Canada,
you would not be allowed to enter back into the US without getting the visa
stamped in your passport, either in Canada(not very likely), or back in
India (very likely)."

Incorrect.

"All that said, if you intend visiting Niagara, make sure you see it from the
Canadian side, travelling to see it only from the US side is not worth the
travel."

A good view can be obtained from the state park on the US side which lies between the Canadian, and American Falls.

bhartiamit

Thanks so much for all this information.
CRG14624 I did call my lawyer her ein USA also and verifited what you mentioned and you are right. A visa is definately needed to go to canada but if we are going to Canada for less than 30 days then we need to ensure that we have a valid 797, i-94, current job letter and pay stubs ( these are a just in case) and he also indicated that when we do leacve, we shud specifically inform the immigration officer at the bborder that we are going for less than 30 days. I will also do more research on this case and keep everyone posted but I sincerely do appreciate your quick responses. This has really made a lot of significant difference in my life

Thanks...

RushTech

Hi crg14624, I would like to ask you a question related to this subject.
My wife got her Immigrant visa to Canada and she is suppose to land through Rainbow Bridge in Niagara falls in April. her dilema is that her J1 visa expired in 2000 but her SD-2019 is valid until Dec 2005. Also on her I-94 she has valid until D/S which I beleive means Duration of Stay. will she have any problem if she cross the canadian border and come back in 2 days? what documents does she need to take with her so that her return to the US will be smooth. Another issue is that her original J1 visa is on an expired passport which she still have. will that be a problem?
Thanks a lot

crg

Hi. D/S means duration of status. Her status is authorized by her DS-2019. The visa can be expired and in an old passport, as long as the visa wasn't marked cancelled, and she also has a valid passport to travel with as well.

She can't be travelling with a passport from Iran, Iraq, Libya, Sudan, Syria, Cuba, or North Korea. She can't apply for a visa while in Canada. She needs an I-94, and/or an I-797 with an I-94 attached to it. If she has all of the original documents and is otherwise admissible, she shouldn't have any problem.

crg

I don't know if telling an officer on the American side that you're going will help much unless you're registered in the NSEERS program. The best evidence will be the admission stamp that Canada places in your passport when you go inside with your visitor visa. Make sure they send you in to be documented when you enter Canada. They have been know to just wave people down the road up there. Good luck.

RushTech

Thanks crg14624 for your response, forgive my ignorance but what is I-797? I looked up the USCIS site for that form and it wasn't there.
Thanks

crg

An I-797 is an approval notice. It's used to tell someone their visa was approved. Sometimes it has an I-94 attached to the bottom.

Ritze

"crg14624" <member20421@british_expats.com> wrote in message
news:[email protected] m...
    >> Thanks crg14624 for your response, forgive my ignorance but what is
    >> I-797? I looked up the USCIS site for that form and it wasn't there.
    >> Thanks
    > An I-797 is an approval notice. It's used to tell someone their visa
    > was approved. Sometimes it has an I-94 attached to the bottom.
    > --
    > Posted via http://britishexpats.com

I-797 is a Notice of Action form!
It is not necessarily for something that is approved.

crg

Relax a little. There are three flavors of I-797. If the guy is in status, in the US, and is travelling, then he has an I-797A which is an approval notice. Of course he wouldn't try to travel with a denial notice.

I-797A - Notice of Action - This is an INS approval notice for nonimmigrant cases involving aliens in the U.S. It has an I-94 attached to it.

I-797B - Notice of Action - This is an INS approval notice for aliens outside the U.S.

I-797C - Notice of Action - This INS form is used for denial letters and receipts.

RushTech

My wife does not have the I-797. She was given I-94 when she entered the US in 99 and never exited since. But her SD-2019 is valid until Dec 2005.
crg14624, thanks for correcting me for D/S. can you please telle me if her I-94 is valid in this case?


Thanks