關於I-94從加拿大墨西哥３０天返美免簽合法性的理解和最後澄清

先請看先請看一段法規原文

Revised Regulation on Automatic Revalidations

March 14, 2002

"Section 41.112(d) of 22 CFR permits aliens who are traveling in territories contiguous to the mainland U.S. or, in some cases, in adjacent islands and whose visas have expired to re-enter the United States without obtaining a new visa. The alien may do so provided that s/he has been outside the U.S. for not more than thirty (30) days and the alien''s I-94 remains valid. As currently implemented, neither the alien''s country of citizenship nor the question of whether s/he had applied for a new visa while outside the U.S. affects the ability of the alien to re-enter the United States. The amended regulation, which was published in the Federal Register on March 7, 2002 and will be effective as of April 1, will prohibit the re-entry using an automatically revalidated visa of any alien who has applied for a new visa while outside the United States. This change reflects the desire to prevent aliens subject to enhanced security procedures from re-entering the US via automatic revalidation prior to security checks having been completed, but will apply to all aliens otherwise eligible for re-entry via automatic revalidation. Technically, the waiting period for security checks constitutes a 221(g) refusal. Thus the cable emphasizes the importance of strict adherence to proper refusal procedures in these cases. Additionally, it excludes all aliens who are nationals of designated state sponsors of terrorism from being able to re-enter using an automatically revalidated visa. The Department is consulting with the embassies of the countries affected by this change."

關於這段法規，原文進一步解釋到

Q1. What does this revised regulation change?

A1. The revised regulation prohibits aliens who have applied for and been refused visa issuance while outside the U.S. from returning to the United States, even if they are in possession of a valid I-94 form. It also prohibits aliens who are citizens of countries on the State Departments list of State Sponsors of Terrorism from re-entering the U.S. using solely an I-94 form if their visa has expired.

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通過法規原文及其補充解釋, 我的理解是:

1.如果你在加拿大墨西哥申請新的簽證，卻被拒(i.e. "have applied for and been refused visa issuance"), 就不能享受 Automatic Revalidations, 再回到美國;

2.如果你在加拿大墨西哥申請新的簽證，並通過，顯然可以也隻能用新的簽證進入(i.e. "prohibit the re-entry using an automatically revalidated visa of any alien who has applied for a new visa while outside the United States.");

3.如果你在加拿大墨西哥沒有申請新的簽證，反而可以享受 Automatic Revalidations (since this amendment do not apply);

這樣的理解可以得到yale大學的印證。在yale大學對其外籍師生的指導網頁上，我們可以讀到(http://www.oiss.yale.edu/visa/vrevl.htm)

"On March 7, 2002, the State Department of State modified the "automatic revalidation of visa" benefit [22 CFR 41.112(d)] that allows certain non-immigrants to re-enter the United States after a 30-day or less visit to "contiguous territory" (Canada, Mexico, and, in the case of F and J non-immigrants, the "adjacent islands other than Cuba") without having to obtain a new visa prior to re-entry. Up until now, persons in F and J who were maintaining their nonimmigrant status in the United States, and who traveled to Canada, Mexico or the contiguous islands, for 30 days or less, could re-enter with their Form I-94, a valid passport, and a current copy of the form I-20 or DS-2019, plus a previously-issued visa (which could be expired, or even in a different category than the I-94). Persons in H-1 or O-1 status were also eligible to use the automatic revalidation after trips of 30 days or less to Canada or Mexico, as long as they had a valid I-94, passport and an INS issued I-797.

There are two important changes to the benefit, both of which are effective April 1, 2002.

First, citizens of Iraq, Iran, Syria, Libya, Sudan, North Korea, and Cuba will no longer be eligible for the automatic revalidation of visa benefit. For example, if you’re a citizen of Syria and your visa stamp in your passport has expired, you will not be able to re-enter the US even your stay in the "contiguous territory" is less than 30
days. You will have to obtain a new visa stamp to re-enter the U.S. This process can be expected to take at least 20 working days.

Second, for any individual (regardless of nationality) who applies for a new visa while in Canada, Mexico or the contiguous islands, the automatic revalidation of visa will no longer apply. That means, if you apply for a new F or J visa, you must receive a valid new visa before being able to re-enter the US. If your application for a new visa is denied, you will likely have to leave Canada and return to your home country to obtain a new visa in order to return to the U.S. Also if you apply for a visa and are subject to a security clearance that may require 20 days to obtain, you will not be able to return to the U.S. under the provisions of automatic revalidation.
For the complete text of the new rule, please visit this web page.
This new restriction will take effect on April 1, 2002. Please consult with OISS staff if you have any plans to apply for a new visa in Canada, Mexico, or other contiguous territory."


最後, 我對大家的建議是，把法規原文(http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html)和yale大學(http://www.oiss.yale.edu/visa/vrevl.htm)的解釋打印出來，攜帶在身，在遇到糾纏時，希望大家以良好和誠懇的態度，不要給人強詞奪理的印象，可以象小白兔說的，找上司反映，有些海關官員，學曆低讀書少，英語閱讀理解力較差，也是事實, 應該理解。

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