Landed Immigrants Without Visas Cannot Be Readmitted on I-94 Card
Jeff Gorsky, Chief of Advisory Opinions, Office of Legislations, Regulations and Advisory Assistance, Visa Office, confirms to AILA's DOS Liaison Committee that Canadian permanent residents in the U.S. who have not obtained nonimmigrant visas (as they now must do) and who subsequently return to Canada CANNOT take advantage of the automatic revalidation provisions of 22 CFR Section 41.112(d) in seeking readmission to the U.S. Hence, even if they meet all the requirements of subsection 41.112(d)(2) (I-94 with continued validity, seeking readmission within 30 days, valid passport, etc.), because they do not have a visa, there is nothing to revalidate. As a practical matter, this means they must anticipate applying for, and obtaining, a visa before seeking readmission.
Posted on AILA InfoNet at Doc. No. 03102944 (Oct. 29, 2003).
Jeff Gorsky, Chief of Advisory Opinions, Office of Legislations, Regulations and Advisory Assistance, Visa Office, confirms to AILA's DOS Liaison Committee that Canadian permanent residents in the U.S. who have not obtained nonimmigrant visas (as they now must do) and who subsequently return to Canada CANNOT take advantage of the automatic revalidation provisions of 22 CFR Section 41.112(d) in seeking readmission to the U.S. Hence, even if they meet all the requirements of subsection 41.112(d)(2) (I-94 with continued validity, seeking readmission within 30 days, valid passport, etc.), because they do not have a visa, there is nothing to revalidate. As a practical matter, this means they must anticipate applying for, and obtaining, a visa before seeking readmission.
Posted on AILA InfoNet at Doc. No. 03102944 (Oct. 29, 2003).
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