International Students with expired US visas

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Subject: International Students with expired US visas
  Iam not sure how many are in a similar predicament, but I think I saw "Starwars" in my situation while doing the search on this forum.

*My Scenario ("If I get the Canadian visa!!!!"):
- Expired US Student Visa, I-94 has D/S, a valid I-20 (permitted to study till August 2007).

- I did my medicals, paid landing fees etc for Canada PR (SW category)in August 2005(not heard back yet)

- Visa post is New Delhi (dont bother asking about my timeline...zzzzzz...long time :)

- Anticipated completion date of my study/program in the US is Dec 2006

*Questions:
1) If I were to cross over to Canada can I walk back into the US (I have heard about the 30 day rule with valid I-20´s, anyone tried it?)

2) Do they take your I-94 like they do in the airports if I were to cross the border by car or foot?

3) Has anyone tried getting their US VISA renewed and stamped while in Canada, after it has expired?

*My options if Iam not allowed back into the US is to join a University in Canada, I did talk to one of the professors at a University in Canada and they are willing to transfer some of the credits I obtained in the US but not all of it and so I would end up having to spend more time in completing the program in Canada.

Any thoughts or suggestions from students or others in this forum would be greatly appreciated.


[01-02-2006,17:00]
[**.113.236.139]
IM
(in reply to: International Students with expired US visas)
Got some info from another site, so looks like the travel part is okay....but I would have to keep the I-94

#Exception From the Visa Requirement#

Students in F-1 or J-1 status, who have a valid I-20 or IAP-66, can visit Canada, Mexico, and the adjacent islands, for less than 30 days, and still be allowed to re-enter the United States with an expired visa. You will need a valid, endorsed I-20 or IAP-66, and your passport with the expired visa. When leaving for any of these destination, do NOT give up your I-94 card. (Please note that students from certain countries will still need a valid visa to re-enter the United States. Please check with OIPS, or refer to the State Department for updates and details on this provision.)

Also remember to check with the embassy of the country you are visiting whether you need a visa to enter. Contact the embassy in Washington D.C. to find out.

[01-02-2006,20:05]
[**.113.236.139]
IM
(in reply to: International Students with expired US visas)
Looks like Iam going to keep writing to my posts :-)

#To contradict my previous post, I have found someting else from an official site (travel.state.gov),no where does it mention about the 30 day rule. I guess I need to ask my international advisor to make sure. Iam sure Iam just going to get a diplomatic answer.

From http://travel.state.gov/visa/temp/types/types_1268.html#stay
-------------------------------------------------------------
As an example regarding duration of status, if you have a visa that is valid for five years that will expire on January 1, 2001, and you are admitted into the U.S. for the duration of your studies (often abbreviated in your passport or on your I-94 card as "D/S"), you may stay in the U.S. as long as you are a full time student. Even if January 1, 2001 passes and your visa expires while in America, you will still be in legal student status. However, if you depart the U.S. with an expired visa, you will need to obtain a new one before being able to return to America and resume your studies. A student visa cannot be renewed or re-issued in the United States; it must be done at an Embassy or Consulate abroad.
--------------------------------------------------------------


[01-02-2006,20:43]
[**.113.236.139]
IM
(in reply to: International Students with expired US visas)
Travel to Canada and Mexico and the Automatic Extension of an Expired Entry Visa:

http://web.princeton.edu/sites/visa/travel.htm
--------------------------------------------------------------
Most F-1 or J-1 students traveling to Canada, Mexico or the adjacent islands for a trip of 30 days or fewer do not need to obtain a new entry visa to re-enter the U.S.
#Note: Students from Iran, Iraq, Syria, Libya, Sudan, North Korea and Cuba may NOT benefit from this visa revalidation and will require a new visa with each entry.

To qualify for automatic extension of your visa, the student must:

#Currently be in F-1/J-1 student status.

#Present an unexpired form I-94 (with the notation D/S).

#Students should not surrender the I-94 when leaving the U.S. for a contiguous territory.

#Have been in lawful status while in the U.S.

#Present an unexpired passport with a U.S. nonimmigrant visa stamped within (valid or expired).

#Have been in one of the contiguous territories for fewer than thirty days.

#Present a current I-20 or DS-2019 with a valid travel signature.

PLEASE NOTE: EFFECTIVE April 1, 2002, if you apply for a visa at a U.S. Embassy or Consulate while in Canada, Mexico or an adjacent island, you must wait until the visa is granted to be readmitted to the U.S. If the visa is not granted, you will not be able to take advantage of the automatic extension of visa validity mentioned above and you will not be readmitted to the U.S. from Canada, Mexico or the adjacent islands until you have secured a new visa.

[01-02-2006,20:57]
[**.113.236.139]
IM
(in reply to: International Students with expired US visas)
Well travelling on expired visa is a little risky specially on F-1 visa. I have seen people with H-1 travelling to Canada on expired visa. This process is called automatic re-validation. I mean if you stay less than 30 days in cnada and come back to USA, you may be allowed to re-enter but its VERY RISKY. Because it totally depends upon the Immigration Officer you are dealing with. Sometimes they dont allow people with valid visas. I have seen this at many occasions and at port huron as well (USA Canadian Border) where they did not allow a girl with a valid visa in hand. You should confirm with INS office and International Student Office before taking the risk.
[02-02-2006,12:00]
[**.247.123.149]
steve
(in reply to: International Students with expired US visas)
Thanks for the info. Steve
[02-02-2006,23:39]
[***.21.116.90]
IM
Visa expired (in reply to: International Students with expired US visas)
Hello! My name is Raquel and I just graduated from middle school and about to be a 9th grader I live in Mexico and my student visa expired June 15 2012. I heard that I can still cross with my student visa for 30 more days after it expired. Is it true? Would I get into trouble if I cross? Please respond as soon as possible!

Thank you!

[27-06-2012,19:48]
[***.160.136.234]
Raquel
Visa (in reply to: International Students with expired US visas)
Hello,

I am not a citizen of USA or Canada. I have a valid I-94 (doing graduate school) but my US visa has expired. I am flying back to my country but has a transit in Canada. The airlines did not allow my to fly because I do not have Canadian visa.

I am thinking to apply Canadian Transit Visa. Can I still apply for Canadian transit visa even though my USA visa has expired?

I am planning to go to my country and get new USA Visa stamp.


[24-06-2013,18:43]
[***.107.192.39]
Alexander
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