Is it safe to enter via land?

[choudhary_abhinav]

Hi,

I'm currently in US on a tourist visa. The visa is set to expire the instant I leave the country. Now, my question is, is it safe for me to cross the US border via land(in sense, my visa expires), then go try to enter Canada border(via land) using my COPR? My worries lie in the fact that what would I do if for some reason, canadian border entry refuses entry and then I'm somehow stuck between borders in my car.

 

[steaky]

You would face same risk if you fly.

 

[Bs65]

Just need to make sure all your documentation is in order for a PR landing, customs, goods to follow etc..

Although I have no knowledge guess you might get asked about importing furniture and a car from the US given you were only on a visit visa not living there but I am probably overthinking things.

 

[DEEPCUR]

You would face same risk if you fly.

In case of landing happening in an airport, OP can go back to home country in next flight which is not possible if he lands by road.

 

[Bs65]

In case of landing happening in an airport, OP can go back to home country in next flight which is not possible if he lands by road.

True and I was not going to mention it but the other week well covered in the press someone was turned back to US land border where their visitor status had expired just by 90 minutes and they were arrested for having no status in the US. So there is always a risk with this scenario, hopefully not for the OP but very easy to overthink things and the person who was arrested was a Canada visitor as well not seeking PR landing.

 

[zardoz]

Hi,

I'm currently in US on a tourist visa. The visa is set to expire the instant I leave the country. Now, my question is, is it safe for me to cross the US border via land(in sense, my visa expires), then go try to enter Canada border(via land) using my COPR? My worries lie in the fact that what would I do if for some reason, canadian border entry refuses entry and then I'm somehow stuck between borders in my car.

As you are not yet a "landed immigrant" you could be refused entry but it's unlikely as long as you meet the landing requirements for your immigration class. Things like proof of funds etc. If there is a technical issue with your COPR that makes it impossible to "land" you on entry, it's more likely that you would be admitted as a visitor while CBSA/IRCC sort things out.

 

[bellaluna]

Hi,

I'm currently in US on a tourist visa. The visa is set to expire the instant I leave the country. Now, my question is, is it safe for me to cross the US border via land(in sense, my visa expires), then go try to enter Canada border(via land) using my COPR? My worries lie in the fact that what would I do if for some reason, canadian border entry refuses entry and then I'm somehow stuck between borders in my car.

The end date in your I-94 would be the more relevant one, no? And it would still be valid since you are crossing the Canadian border.

https://travel.state.gov/content/visas/en/general/visa-expiration-date.html#2

Automatic revalidation and its conditions: https://help.cbp.gov/app/answers/detail/a_id/1218/kw/I94 Canada/session/L3RpbWUvMTQ5NDg4MjExNy9zaWQvQ3ZraW9GaW4=

Unless I'm missing something about your case, or you would not qualify for automatic revalidation.

 

[DEEPCUR]

Yes, you could use automatic visa revaluation as above poster pointed out, I believe. But confirm if it can be used for B1/B2 visa. If using make sure you have good amount of time left in your i94. Another best way is to confirm with US cbp at the border if you could use avr before going out.

 

[choudhary_abhinav]

Just need to make sure all your documentation is in order for a PR landing, customs, goods to follow etc..

Although I have no knowledge guess you might get asked about importing furniture and a car from the US given you were only on a visit visa not living there but I am probably overthinking things.

I have been living in the country for the past 5 years on a F-1 Visa. When F-1 was set to expire, I had already started the express entry process. During that time, i got a non immigrant stay extension, by switching my F-1 status to a B1/B2 visitor status and is valid till 05/31/2017. The only caveat is that, I don't have a valid visa to reenter USA.

 

[choudhary_abhinav]

This is a weird follow up question:
Let's say I go towards Canada Entry, if they refuse me, do I have to "Re enter" USA following all the "USA Entry" procedures? or does it count as just taking back the same road and I'm still in the US.

 

[choudhary_abhinav]

The end date in your I-94 would be the more relevant one, no? And it would still be valid since you are crossing the Canadian border.

https://travel.state.gov/content/visas/en/general/visa-expiration-date.html#2

Automatic revalidation and its conditions: https://help.cbp.gov/app/answers/detail/a_id/1218/kw/I94 Canada/session/L3RpbWUvMTQ5NDg4MjExNy9zaWQvQ3ZraW9GaW4=

Unless I'm missing something about your case, or you would not qualify for automatic revalidation.

Thanks for this info bellaluna, I went through the conditions in details and technically, based on what I'm reading, I do see that as long as I get back within the expiry of my I-94, I should get an automatic visa reinstatement and therefore should be able to enter back.

Would you recommend a place I could call and verify about this? Perhaps the US border, USCIS or any one else?

 

[bellaluna]

Thanks for this info bellaluna, I went through the conditions in details and technically, based on what I'm reading, I do see that as long as I get back within the expiry of my I-94, I should get an automatic visa reinstatement and therefore should be able to enter back.

Would you recommend a place I could call and verify about this? Perhaps the US border, USCIS or any one else?

Maybe try hitting "email us a question" in the second link I gave? Agree also that you can ask the CBP officer about revalidation on your way out.

I mean, 99.999999% chance you won't have any problems at your landing procedure that would merit you to be turned away from the Canadian border.

I once found a link online where a B2 visa holder was granted revalidation but can't find it anymore.

 

[Bs65]

Easier said than done but the OP should try not to over think this and as long as they have all the required documentation to establish their PR status unlikely they will have any issues at all.

The people who sometimes have issues are generally visitors who cannot demonstrate valid intent as genuine visitors not new PRs so complete documentation is all need to be concerned with.

Plus as previous post I think you will find a B1 visa is valid for entry as multiple entry until expiry date and doesnt itself get cancelled when you leave. Of course to return to the US as a visitor with such a short time to expiry might create problems but ultimately as said you should as a new PR have no issues entering Canada with correct documentation to hand.

 

[DEEPCUR]

Easier said than done but the OP should try not to over think this and as long as they have all the required documentation to establish their PR status unlikely they will have any issues at all.

The people who sometimes have issues are generally visitors who cannot demonstrate valid intent as genuine visitors not new PRs so complete documentation is all need to be concerned with.

Plus as previous post I think you will find a B1 visa is valid for entry as multiple entry until expiry date and doesnt itself get cancelled when you leave. Of course to return to the US as a visitor with such a short time to expiry might create problems but ultimately as said you should as a new PR have no issues entering Canada with correct documentation to hand.

The issue is he doesn't have a visa stamp on his passport. He just changed his status from F1 to B1 within US. I presume he has a i797C (or similar approval form) for his new status attached with an i94. This i94 is good only for staying in US, and visa is required for re-entering generally. OP's concern is that too. But AVR is applicable in this scenario if at all it's allowed for B1/B2.

OP, checking at the border before heading out is the best way. If not, you can also contact nearest CBP center (I know there's one in Boston) if you don't find a number to call or email to write them. It's CBP that controls the border and you need their blessings for re-entry. USCIS just handles things within US.