Hi there,
I suppose yes provided you were always on valid I-94 while in states. If you check AVR rules on the USCIS site, they just mention about valid status with an expired stamp. Although, its better to reach out to your lawyer in case of doubts since your status was changed multiple times.( We spoke to our lawyers and called the USCIS office as well to confirm around our application specifically).
Yes. Thats correct. The immigration was completed at Canada and it was just like a domestic flight.
All the best!
Note: We are not legal advisors so please do consult legal attorney on your specific case:-)
Thanks for the info @appy22 . I checked with the company lawyer and called USCBP and they both said yes that as long as I was on a valid I-94 through a I797 I should be fine to use AVR.
Update:
So, I completed my landing over the weekend by entering Canada via the Peace Bridge through Buffalo.
I reached the border on July 5 at around noon. At the booth, I was asked to park on the side and go in to get my CoPR signed. Due to the long weekend, it was pretty busy and it took me 2 hours to get out. In the building, after processing my application, I was asked my address where the PR card would be mailed in 8-10 weeks. Also, I was told not to get the card mailed outside Canada, which was a little surprising.
Then, I was asked for my settlement funds document and also to initial next to the answers to questions regarding previous convictions, felonies etc. (the 3 questions on the CoPR).
After the officer signed my CoPR and read my rights as a PR, I was the directed to the customs section where I gave my Accompanying Goods & GTF document and then went to the cashier for the customs receipt.
Next, I went to the Service Canada office located in Niagara and got my SIN. It took me an hour to get out with wait time included.
Coming back to the US via AVR:
I visited Niagara Falls and spent the next 3-4 hours there. I crossed over via the Rainbow bridge into the US and surprisingly at the booth, I was only asked for my passport and i-797 and was let in. I was not asked to get out of the car and the whole process took around 30 seconds.
I was really nervous regarding entering via AVR but I’m very relieved now that its done with.
Thank you everyone for all your help.
Asking for a friend :
His US VIsa expired almost 2 years back. He is planning to do soft landing next month.
Can he use AVR in this case to return to US?
or is there a condition that AVR can be only used if Visa expired in less than 12 months ago?
My H1B stamp was about 3+ years expired when I did AVR last year; AVR went fine but the US CBP officer had some doubts, he pointed out that my visa expired a while ago and asked something to another officer before letting me through - sorry I forgot the details but nothing serious. I believe (please double check!) AVR rule does not have any such requirement that the visa be expired only for a certain amount of time. But things could have changed.
Can you please share the Goods Accompanying and Goods to Follow Forms/Checklist. I got the following forms and couldn’t understand which one to use for Goods Accompanying and which one to use for Goods to Follow Forms/Checklist!
I am planning to soft land by driving and also the final move would be driving a U Haul. I will not be using the movers and packers.
Did you use the AVR method to re-enter or you had a valid visa? If AVR, can you please advise how was the process and anything in particular to carry. I am planning to take passport and i797 (H1-B).
Yes I used the AVR method, it was very smooth (it was so smooth that it confused me, I thought officer didnt understand that I am on H1B and she let me go in US without checking anything besides passports). The officer lady did not ask for I797s, she never asked me why was the visa expired and stuff.
Experience
The officer asked me to roll down the windows of my car, how many of you are travelling, why did you to go Canada, asked for my passports, typed something in her computer and said you are good to go. I asked her where should I go now? She smilingly said “Drive home”
For the AVR I carried the I797, passports and printout from DHS website about AVR.
I had a similar situation as @akel , I had to travel for landing to Vancouver with expired VISA and valid i-94.
-For me the officer asked some basic questions and handed me a yellow paper and told me to go inside the office to get the paper work.
I went inside and a different officer asked very basic questions about my work, where do I live in the USA, and etc.
Then he stamped on a paper, stapled that to my passport and suggested to pay USD 6 to the counter
I paid USD 6 and was out of the building in 10 minutes.
The whole process was appx 15 minutes long
Couple of days after this, I generated my i-94 online and I can see this entry and exit dates on the travel history
Overall, the experience was pretty smooth and hassle-free
Regarding GTF, the officer on Canadian side did not even care to see a list which does not have any big value item. He mentioned that we don’t care so much about your personal electronics that don’t cost more than 5k-10k. We are only worried if you are bring new high-value gadgets. Personal use goods are fine. He was extremely helpful and added my car in the list (I forgot to add that) with valuation and stamped for future reference.
@RIVAL@akel
What does AVR stand for ? @nik
When you say expired Visa & valid i94, does that mean your visa stamped on the passport had expired and you had a new I797 or something like that ?
I’m trying to think of a scenario where one can have a valid I94 inspire of an expired visa .
I thought one needed a valid Visa(stamped on PP) to re-enter the US.
@nik,
“Nonimmigrants with a valid (unexpired) admission stamp or paper Form I-94, Arrival/Departure Record, endorsed by DHS.”
How did you get an unexpired admission stamp or a Valid Paper form I94 in the first place with an expired visa ?
Do they issue I94s based on I797 ?
I am confused since I797 clearly says “THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.”
And even on my latest entry back in to the US from Canada, the validity date of the admission stamp was for the expiry date of my visa and not based on my new I797
You need a passport with the previously expired VISA stamp, new I-797 with I-94 at the bottom; carry company reference letter, and last 6 months of salary slip.
Now, most of these documents apart from passport and I-797 might not be required.
Thank you @akel. The forms do not say that they are goods accompanying or goods to follow. So I guess BSF186 is the GTA and BSF-186A is the GTF. Do we have to update only our goods and the rest fields will be taken care by CBP? There are many fields which they ask where I might not have any details!! E.g. Classification type! As after soft landing we would be moving permanently in the future. Which Classification type option should I select?
Also should the GTA or GTF list be detailed? I mean with serial number, photographs etc?
@RIVAL - I don’t think there’re separate forms for accompanying goods and goods to follow. It’s possibly the same form.
BSF-186A is just an extension of BSF-186, to be used if you have too many items to import.
Frankly, I doubt if they worry about your personal items. The officer told me that they don’t care if you are bringing a laptop that’s for your personal use. They would worry however, if you bring boxes of laptops saying they belong to you. The officer also mentioned that they don’t care too much about 1-2K USD worth of personal electronic goods. If you are planning to bring some high-value items worth 5-10K USD, that’s the one you should be careful.
Also @nik you said you were given a yellow slip/paper when you were returning back to US thru AVR. What did the paper say and why was it given? As per the AVR process which I read in previous posts, the folks did not even exit their car. The office checked the passport and i797 and allowed to re-enter US!
Yup, you are right. I think agents don’t have an explicit process to follow in such cases and it comes down to the judgement of the specific agent handling your passport. My agent decided that I should get in the building, pay USD 6 and get a paper i94 stapled on my passport (even though it was clearly present at the bottom of my i797). So, that’s it. I am just happy to be able to come back and about the fact that it went according to the plan!
Hi, I’m planning to do soft landing in Canada from US. I have valid visa to return back to US. But my question is how do you enter back to Canada as you wouldn’t have the PR card with you right? Can the PR card be sent through FedEx or any courier by the person receiving it for you in Canada? I’m mostly planning to drive to Canada for soft landing as well as final move. Please advise on the steps to be followed for the landing. Thanks
Not sure about landing at border while driving (I think there are posts about that on movnorth or on canadavisa.com)
You need a PR card if you are using any public transport (bus, taxi, train, flights etc).
If you are driving into Canada from US, then CoPR is good enough, if you are driving your own vehicle, or a rented vehicle. (I’m not sure if driving someone else’s vehicle is allowed).
I crossed once in rented car, not questions about car.
I received the PR cards personally so I’m not sure about mailing the PR cards (I believe many have got it mailed with no issues).