PR landing completed at Peace Arch border, no quarantine and returned to US using AVR

[Roshwarner]

buddy, all the officers dont know all rules and they dont really listen to the case scenario fully before they answer as answering phone doesnt given them any problem unless dealing with the actual candidate at the booth.
100z of people are travelling and used AVR. As members here already confirmed and still you seem not be convinced. If you are still concerned, try to get lawyer consultation for 30 mins call and get confirmation.

Call at different time and different post and you would get different answer than this.

https://help.cbp.gov/s/article/Article-1218?language=en_US

Sorry not trying to be annoying, but it’s just that Toronto Pearson will be the port I will be using, and hearing something like this from the CBP officer there really creates a confusion knowing that the ultimate decision lies with him.

 

[Roshwarner]

That is utter and complete BS. If you are outside the US you can't change from F-1 to H1B. Your COS will even be denied!!

https://www.nolo.com/legal-encyclopedia/can-i-travel-while-h-1b-application-is-pending-at-uscis.html

Anyway, as people said before, the biggest risk to AVR is always agency fuckery. Print out the handout and 8 CFR 214.1(b)(1)-(4). If they give you a hard time, don't buckle, be polite, and don't sign anything that will adversely affect you.

EDIT: You are only in legal status(be it H1B, F-2) when you are within the United States. Once you step out, you don't have any status. You can only change your status when you are in legal status by being in the US. Your change of status can't be filed when you are outside the United States, and if you leave while the application is pending, USCIS considers that you abandoned your COS.

I thought so too. I just called to confirm and this is what he said “If your F-1 visa expired while you were in the United States, then if you leave the US you have to have a valid visa to come back, otherwise you will not be permitted into the US”. I explained that I have valid I797 and I94 but he replied “if your F1 visa had expired while you were outside the US, you could come in, but since it expired while you were in the US, you can’t come back”

 

[harirajmohan]

Sorry not trying to be annoying, but it’s just that Toronto Pearson will be the port I will be using, and hearing something like this from the CBP officer there really creates a confusion knowing that the ultimate decision lies with him.

So call the same port again some other day and ask your friend to call to the same port in some other time to find out. You can see that these many people similar to your case(F to H) traveled without any problem but you keep on quoting the officer's response. If you dont seek legal advice or you dont believe that avr allows you to reenter then there is no choice other than avoid traveling. Good luck.

 

[ash_imt]

Folks - Me, my wife and kids became Canadian PRs today at Peace Arch border. We were allowed to leave without quarantine. We made u-turn and returned to US POE. We were allowed to enter US using AVR option. Both of us have expired H1Bs.

I am also on L1 Visa, with approved i 797 till march 2021. I want to go to mexico in September for 5 days. Can we AVR in mexico border

 

[bcpnpapplicant]

I am also on L1 Visa, with approved i 797 till march 2021. I want to go to mexico in September for 5 days. Can we AVR in mexico border

You should be able to, however I will recommend that you call the CBP office where you intend to use AVR option to come back

 

[ash_imt]

I called the CBP Information center office , they sent me the email from cbpinfocenter@cbp.dhs.gov that " Yes we can go if I have 1-129 and I -94 " and expired visa . AVR is good to go

 

[bcpnpapplicant]

I called the CBP Information center office , they sent me the email from cbpinfocenter@cbp.dhs.gov that " Yes we can go if I have 1-129 and I -94 " and expired visa . AVR is good to go

Take a print of the email and keep it with you

 

[harirajmohan]

I called the CBP Information center office , they sent me the email from cbpinfocenter@cbp.dhs.gov that " Yes we can go if I have 1-129 and I -94 " and expired visa . AVR is good to go

AVR is the process for CBP, not for the travelers. So dont attempt to tell them about AVR as some officers will get angry on telling them what to do. Just travel as usual, everything will be fine.
Officers at the booth might not be well versed with all rules, including avr and if they dont know they will simply refer you to the office inside in the name of secondary inspection. So at the secondary inspection they will check your status and let you in.

Example: We all know that many traveled/entered US using ex-employer's valid visa but with new employer's petition. While my friend was traveling the officer just asked the other traveller infront of my friend on where the new visa is then the candidate started telling that this ex-employer's visa is valid and so on. Later he was sent to secondary and got deported.

So lets not tell them anything on what they can/cant do. I am concerned seeing in some other thread saying, he/she entered US without telling cbp about avr. Seems that people are assuming that they can tell anything what the rules are but in reality its not being taken in the way we intend to.

 

[Roshwarner]

AVR is the process for CBP, not for the travelers. So dont attempt to tell them about AVR as some officers will get angry on telling them what to do. Just travel as usual, everything will be fine.
Officers at the booth might not be well versed with all rules, including avr and if they dont know they will simply refer you to the office inside in the name of secondary inspection. So at the secondary inspection they will check your status and let you in.

Example: We all know that many traveled/entered US using ex-employer's valid visa but with new employer's petition. While my friend was traveling the officer just asked the other traveller infront of my friend on where the new visa is then the candidate started telling that this ex-employer's visa is valid and so on. Later he was sent to secondary and got deported.

So lets not tell them anything on what they can/cant do. I am concerned seeing in some other thread saying, he/she entered US without telling cbp about avr. Seems that people are assuming that they can tell anything what the rules are but in reality its not being taken in the way we intend to.

Good point. So let’s say that the officer at the booth is not well versed with the AVR process and he asks for the visa. What should our response be?

 

[Roshwarner]

I called the CBP Information center office , they sent me the email from cbpinfocenter@cbp.dhs.gov that " Yes we can go if I have 1-129 and I -94 " and expired visa . AVR is good to go

Do you mind sharing the email with us?

 

[harirajmohan]

Good point. So let’s say that the officer at the booth is not well versed with the AVR process and he asks for the visa. What should our response be?

He will not ask. He will call the office inside on what to do with it and cry internally that i could not handle this case and beg at the office to suggest him.
So its not your job to tell that rules to avoid complications for your entry.

So tell that he would be getting new visa once the consulate opens. There is no denial from the booth. Its the procedure that everyone gets referred to the secondary.

Another example(ambassador bridge - detroit): We were sent to secondary and another couple was there - Man doesnt require visa it seems but the woman needs visa to enter. So in this case she entered the post without even any visa from Canada. Still she was not arrested/rejected yet at the booth. She and He were sent to secondary as per procedure.

So your answer would be "you would get once the consulate opens", nothing more than that.

Another example: We were entering US, my family enters with expired visa, i had valid visa. The intelligent lady officer was telling that she could not verify my wife's status of last to last entry (i dont understand how she can verify one person's status and not the other person in the same application we applied with uscis). I unfortunately did not plan to bring the documents of second previous entry hence kept the H4 approval at home. It was the period when her I94 was expired(in fact all of ours) and waited for our approval from uscis which we got in 3 months and that too with printed I94. But she was even warning me(without checking her system) that she is letting me in this time and she would deny next time and sent me to secondary(for sending secondary she is not letting me in, she doesnt know how to handle/verify hence she is making others do her job). So went inside, we didnot even talk anything. After 20 mins we were cleared. So some stupid officers will always be there to trouble you but you just need to be patient.

 

[Roshwarner]

He will not ask. He will call the office inside on what to do with it and cry internally that i could not handle this case and beg at the office to suggest him.
So its not your job to tell that rules to avoid complications for your entry.

So tell that he would be getting new visa once the consulate opens. There is no denial from the booth. Its the procedure that everyone gets referred to the secondary.

Another example(ambassador bridge - detroit): We were sent to secondary and another couple was there - Man doesnt require visa it seems but the woman needs visa to enter. So in this case she entered the post without even any visa from Canada. Still she was not arrested/rejected yet at the booth. She and He were sent to secondary as per procedure.

So your answer would be "you would get once the consulate opens", nothing more than that.

Another example: We were entering US, my family enters with expired visa, i had valid visa. The intelligent lady officer was telling that she could not verify my wife's status of last to last entry (i dont understand how she can verify one person's status and not the other person in the same application we applied with uscis). I unfortunately did not plan to bring the documents of second previous entry hence kept the H4 approval at home. It was the period when her I94 was expired(in fact all of ours) and waited for our approval from uscis which we got in 3 months and that too with printed I94. But she was even warning me(without checking her system) that she is letting me in this time and she would deny next time and sent me to secondary(for sending secondary she is not letting me in, she doesnt know how to handle/verify hence she is making others do her job). So went inside, we didnot even talk anything. After 20 mins we were cleared. So some stupid officers will always be there to trouble you but you just need to be patient.

Thanks so much @harirajmohan

 

[Roshwarner]

Good luck and keep us posted. I'm in the same boat, needing AVR after change of status from F-1 years ago.

I saw that CBP updated their website yesterday again. So I’m assuming we should be able to do it even for the change of status.

 

[mm062]

Hi Guys- Hope you are doing well and staying safe. First, want to start by thanking everyone who shared input & insights about experience around soft landing. Also, am writing to take guidance on potential plan/approach for my own soft landing through US-Canada border. Although I reside in Austin, my family is planning to fly into Seattle and leverage Peach Arch border to do our soft landing. We had 2 specific question on which your thoughts would be helpful:

1) In our research on CIC website, we found article stating that as per latest travel restrictions, we wont be allowed to travel into Canada for finalizing permanent residence application (if we are not settling in Canada). This is part of the travel restrictions due to Covid 19. Did you take into consideration above as part of your decision making or are these more recent.

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/immigration-applicants.html#approved

2) In our application, we had listed city of destination as Toronto (our CoPR is approved by CPC-OTTAWA). In your opinion, will this be a potential issue if we are looking to do soft landing through Peach Arch border?

Thanks for your help in advance.

PS: We do not have limitation due to H1B since our expiration date is in future

 

[ash_imt]

Do you mind sharing the email with us?

7/13/2020

Thank you for contacting U.S. Customs and Border Protection (CBP) Information Center.

United States, Canada and Mexico are temporarily restricting all non-essential travel across its land borders. “Non-essential” travel includes travel that is considered tourism or recreational in nature. These border restrictions affect land travel only They do not affect travelers entering by air, freight rail, or sea.

Non-Essential Travel will remain in effect until July 21, 2020.

s: work and study, critical infrTravelers with essential purposes can continue to cross the land border and will be exempt from a self-isolation requirement. Essential Travel is classified as: structure support, economic services and supply chains, shopping for essential goods (medications and other necessary health and safety items), health, immediate medical care, safety and security.

Automatic revalidation is not the same as applying for a new visa. You cannot take advantage of automatic revalidation if you have applied for a new nonimmigrant visa.

Certain temporary visitors holding expired nonimmigrant visas who want to re-enter the United States may be admissible under, but not limited, to the following circumstances:

• Departed the United States for brief travel to Canada or Mexico of 30 days or less
• Has a valid (unexpired) admission stamp or paper Form I-94 Arrival/Departure Record endorsed by DHS

A person is eligible for automatic visa revalidation with the following conditions:

• Nonimmigrant status continues to be valid (such as the Form I-129 for nonimmigrant workers)
• Absence from the United States was 30 days or less
• Did not visit any country other than Mexico or Canada during those 30 days or less
• Does not have a pending (or rejected) application for a new visa
• It is not possible to renew a nonimmigrant visa within the United States. A person on a nonimmigrant visa may travel to another country to apply for a new visa. Entry to the United States is not allowable until the new visa is issued
• The person is not a citizen of one of the countries designated by the United States as a state sponsor of terrorism
• As of 2017, the State Sponsor of Terrorism list includes four countries:
• Democratic People's Republic of Korea (North Korea) - designated on November 20, 2017
• Iran - designated on January 19, 1984
• Syria - designated on August 12, 1993
• Sudan - designated on December 29, 1979
• Cuba was removed from this list on April 4, 2015

The automatic revalidation provision of United States immigration law is described under the Code of Federal Regulations (CFR) in both 8 CFR 214.1(b) and 22 CFR 112(d).

Additional Information:
https://mx.usembassy.gov/travel-restrictions-fact-sheet/

Thank you again for contacting our office.

NOTE: The answers provided in this forum are for general information purposes only. Utilizing this forum does not constitute reasonable care under the Informed Compliance guidelines.

The CBP Information Center is open Monday through Friday from 8:30 a.m. until 5:00 p.m., Eastern Time. We are closed on Federal holidays. Our toll free line within the United States is (877) 227-5511. International callers can reach us during our hours of operation by dialing 00+1+202-325-8000.