I thought I post my AVR experience here as well
My case for AVR
Expired visa Stamped on Expired passport. Changed Status to H1b. Never had H1b stamped. Just have the I797 and I94.
Enter the Toronto US customs pre clearance area around 5 am on 12 May 2011
First encounter with Immigration officer after 15-20 Minutes. Show him all the passports and H1b approvals and tell him about AVR. This officer has no clue what I am talking about. Insists he has to deny admission since I donot have valid visa stamped, and also says no way to make across without a proper stamped visa. Wants to deny admission....asks me to go to consulate and get visa stamped. Asks me to take emergency appointment.( I am thinking atleast send me to the secondary immigration...isn't that the normal procedure. If you think something is missing....or you can't understand the case send me to the senior guys back in the secondary area.)In the meanwhile I keep talking about the AVR rule, how I need to join my job, I donot have time for visa stamping. This goes on for while...finally IO says allright, packs my stuff in a envelope sends me to the secondary area. Says let see what guys back there think.
Go to the secondary inspection area and hand them over the envelope with all the documents. The secondary area has lot of people. People applying for TN visa, people importing weird food stuff, people who have expired passports, people with name mismatch ...and me, a guy who wants to use AVR. I think this is going to be an interesting day. It will be more than a hour before my name is called. Atmosphere there is little tense.
Meet the new IO. Asks slew of questions.Show him all the crap and more. IO says I know AVR but doesn't apply to you.....why? You have changed status. If you want to use AVR you cannot change status. Then I start my rote about AVR, what my lawyer said what my company HR said. IO is not convinced. Says take a seat he needs to consult. In the meanwhile people pour in and people are escorted out being inadmissible. (remember no use getting angry and frustrated it is like twilight zone). And yes no phone in secondary area. Mr Lee(a chinese guy ...just stereotyping) wants TN visa stamped. IO there not convinced about his job responsibilities....think he questions his immigration intent. Mr Lee gets angry...tries to call someone. A IO shouts across the room..IF YOU DO NOT PUT THAT DOWN IT WILL BE CONFISCATED. Mr Lee is pissed.....complains about the treatment...takes the name of the officers says he will file a complaint. IO escorts him out.
I check the time holy cow!!! it is 7.15 am already....will miss the flight. There are other drama and side shows going on. One good thing is different Air Line staff keep coming to the secondary inspection area to check out if any of their passengers are stuck there. If you have any bags checked in, and if you are getting late they will hold your bags for you. I saw this with Air Canada. I ask the Air Canada lady to book me on the next flight....then I thought no use, I am not even sure if I am going to make it or what time. Air Canada lady says do not worry, we have flights through out the day.
Meanwhile stroke of luck....due to escalating backlog in the secondary area.....more senior IOs trickle in to help the staff. Another IO takes up my case file. After same routine of questions and some more he says, yeah you can use AVR. I told him... I know that, you know that......now tell it to that IO. Get a chuckle out of him. He goes to the previous IO and explains the rule. They have a very hearty discussion. The previous IO takes my file keeps it on the side. I go back to my seat. My flight is long gone...I am thinking hmmm!! thank God at least there is some light at end of tunnel.
Name is called again time is 8.00 am. IO is grumpy. Asks for all the documents h1b approval, pay stub, w2 , opt card, employment letter, what else you got to prove your employment? Says....ok I will let you in this time using AVR. But gives me his version (as if his belief was shattered that day) of AVR. Automatic Visa Revalidation. Revalidating your existing status...not your previous status. If you have no stamped visa in current status there is nothing to revalidate. Still goes into think mode as if he is making some kind of mistake......goes back to senior IO. Comes back. Says ok I am letting you use the AVR this time (I am thinking "let you".....what is this "let you" all about, either there is a rule or there is no rule. When his superior is saying I can use AVR......who is he to say "let you").Soon my answer comes....AVR he says is a privilege....there are lot of laws and regulations which give discretionary powers to IOs.
Then I begin to engage the IO in little chit chat. But then Sir, even if you have a stamped visa, isn't it the discretion of the IO to let the person in or not. Yes...he says confidently. Only US citizens with valid passport have the right to enter...that is the law. For rest with visas and even Green card admissibility is always determined at the point of entry. There has been cases he told GC holders has been denied entry because of felony records and DWI records. Then he says....I see your last stamped visa is very old....next time you exit US make sure you get the visa stamped. I donot like people using such old visa for AVR purpose. I am cancelling your old visa without prejudice and taking your old I94. This way you won't be able to use AVR any more. I am giving you new I94 and stamping your entry as H1b entry with expiry as your latest H1b approval.
8.30 am I am out of secondary inspection.
Justin
