AVR with missed visa interview (am I eligible?)

[thomasqianxin]

Hello all:

This is Xin and I am going to Canada for soft landing and wish to use AVR to come back to US.

I was thinking of going back to China 4 months ago so I scheduled a visa interview in Shanghai. But I was so busy so I missed the interview and stayed in US. I did nothing to that visa appointment afterwards and the DS160 shows no status as of now.

I am wondering whether this would affect the use of AVR when I try to cross peace bridge for coming back to US.

Thank you very much.

Best,

Xin

 

[lampbreaker]

No, it should not matter. Only if you apply for a Visa while in Canada, then you will be ineligible for AVR.

 

[DEEPCUR]

No, it should not matter. Only if you apply for a Visa while in Canada, then you will be ineligible for AVR.

Does apply means scheduling the interview or appear for the interview and wait for the result? Merely scheduling is not applying right.. i thought one cannot appear for interview, and travel back using AVR while the visa is pending with consulate for decision or if the visa denied. Merely scheduling wouldn't mean applying isn't it?

Like if someone schedules interview in their home country few months apart and travel in the interim using AVR, is it okay?

 

[lampbreaker]

Does apply means scheduling the interview or appear for the interview and wait for the result? Merely scheduling is not applying right.. i thought one cannot appear for interview, and travel back using AVR while the visa is pending with consulate for decision or if the visa denied. Merely scheduling wouldn't mean applying isn't it?

Like if someone schedules interview in their home country few months apart and travel in the interim using AVR, is it okay?

It is not clear. We don't know what data CBP accesses to make a decision. But as long as you have actually not attended the interview, you can claim to CBP that you have not 'applied'.

In this case, OP has neither scheduled nor attended an interview in Canada. They have scheduled and missed an interview in China in the past.

In any case, entry to the US is a benefit and AVR is discretionary. There is no 'right' to AVR. CBP has the ultimate authority in allowing or denying entry.

 

[DEEPCUR]

It is not clear. We don't know what data CBP accesses to make a decision. But as long as you have actually not attended the interview, you can claim to CBP that you have not 'applied'.

In this case, OP has neither scheduled nor attended an interview in Canada. They have scheduled and missed an interview in China in the past.

In any case, entry to the US is a benefit and AVR is discretionary. There is no 'right' to AVR. CBP has the ultimate authority in allowing or denying entry.

I looked up on this.. there was a thread in Trackitt which discussed on this topic. Someone mentioned that if someone appears for visa interview, irrespective of the decision, the old expired visa gets cancelled, and hence it cannot be used for AVR anymore. I think that makes sense to me and kinda reassures that appearing for the interview alone makes someone ineligible for AVR, not scheduling.

 

[lampbreaker]

I looked up on this.. there was a thread in Trackitt which discussed on this topic. Someone mentioned that if someone appears for visa interview, irrespective of the decision, the old expired visa gets cancelled, and hence it cannot be used for AVR anymore. I think that makes sense to me and kinda reassures that appearing for the interview alone makes someone ineligible for AVR, not scheduling.

Actually, even if the Visa in the passport is not canceled, once you appear for an interview you are considered to have applied for sure. Then AVR no longer applies.
The question of whether submitting DS160 or scheduling an interview qualifies as having applied or not. There is no clear answer. CBP website or CFR does not mention this. When you actually try to enter using AVR, we don't know which database CBP will access to determine whether you have applied or not (DS160 database, interview scheduling database or something else).

 

[DEEPCUR]

Actually, even if the Visa in the passport is not canceled, once you appear for an interview you are considered to have applied for sure. Then AVR no longer applies.
The question of whether submitting DS160 or scheduling an interview qualifies as having applied or not. There is no clear answer. CBP website or CFR does not mention this. When you actually try to enter using AVR, we don't know which database CBP will access to determine whether you have applied or not (DS160 database, interview scheduling database or something else).

Of course there is no doubt on appearing part, that is pretty obvious, if appearing is not applying visa, what else could be..

Submitting DS160 definitely wouldn't harm AVR.. Check this..

https://www.trackitt.com/uk-discussion-forums/i485-eb/1398902761/ds-160-and-automatic-visa-revalidation

I think they just scan the expired visa and use your petition i94 to let someone in. If someone has appeared for an interview, the expired visa might not scan as appearing for interview automatically leads to cancellation of old visas , whether someone is approved or not.

 

[thomasqianxin]

Thank you both for the reply.

I called both CBP and local consulate but they give different answers. The CBP agents said in my case AVR is not applicable since I applied for a visa and was not issued. They didn’t say anything about filing DS160. But the local consulate told me if you didn’t appear the interview my file is not in their visa system hence I am not considered as applying for visa.

I don’t know whether I should take this risk. If someone has this experience please reply in this thread.

 

[thomasqianxin]

Also, if this is considered as applying for visa then anyone with previously denied visa (B2 or whatever) cannot use AVR. Right?

 

[thomasqianxin]

I have also heard of a saying that once you take your visa interview your i94 gets deactivated automatically. Is that true?
@DEEPCUR @lampbreaker

 

[lampbreaker]

AVR is applicable for short (<30 day) trips to Canada or Mexico. If you apply for a Visa during that trip, then you are not eligible for AVR. If you have applied for a Visa during other trips to other countries, then that does not matter.

 

[ryeCatcher]

I have also heard of a saying that once you take your visa interview your i94 gets deactivated automatically. Is that true?
@DEEPCUR @lampbreaker

@thomasqianxin what did you end up doing.
I am in a similar situation, DS160 is filed, my appointment was cancelled by the Ottawa consulate (due to Covid), now not sure if I can use AVR or not. CBP is giving unclear guidance

 

[ryeCatcher]

AVR is applicable for short (<30 day) trips to Canada or Mexico. If you apply for a Visa during that trip, then you are not eligible for AVR. If you have applied for a Visa during other trips to other countries, then that does not matter.

What does "apply for visa" mean? Just filling the DS160 booking the appointment or actually attending the appointment?

In my case I filled a DS160 but appointment was cancelled by consulate.

 

[harirajmohan]

What does "apply for visa" mean? Just filling the DS160 booking the appointment or actually attending the appointment?

In my case I filled a DS160 but appointment was cancelled by consulate.

No issues as even the appointment was cancelled anyway. Earlier in this forum in other thread confirmed that he traveled 1 day before the interview as scheduled interview is not considered as applied for visa and pending. Many of us schedule the interview and could not proceed with it for many reasons hence current status doesnt change/affect just for having/cancelling interview.
Consulate doesnt take up application till you attend hence you should be fine.

 

[Aggie88]

No issues as even the appointment was cancelled anyway. Earlier in this forum in other thread confirmed that he traveled 1 day before the interview as scheduled interview is not considered as applied for visa and pending. Many of us schedule the interview and could not proceed with it for many reasons hence current status doesnt change/affect just for having/cancelling interview.
Consulate doesnt take up application till you attend hence you should be fine.

DS-160 is called "DS-160, Online Nonimmigrant Visa Application form" so in my opinion you have applied for a visa if you submit the form. that said different officers might have different interpretations of it. I know someone who was told by the CBP officer at the port of entry that AVR is not available because he had scheduled a visa interview which was cancelled by the consulate but he was letting them in to the US at his discretion.