Originally Posted by
fly-yul
100% wrong.
How in the world would one be able to renter the USA under the Automatic Revalidation rules if you hand in your valid I-94 when you leave the USA?
CPB rules are very complex. Making any statement using the word "must" or "always" is never a good idea.
He was not talking about going to contiguous territory he was talking about going to South America. Automatic Revalidation would not be used. I am quite familiar with the rules. My response was specific to that information.
Further, generally automatic revalidation does not apply to Canadians unless they are in K, E, or V visa status. This is because automatic revalidation deals with expired visas and Canadians are not required visas in their passports unless they are K, E, or V's.
This started with someone in the thread saying the officer tore a visa out of thier passport during an outbound inspection when in fact the officer removed the I-94. The I-94 is NOT a visa it is a departure document. It is a big misconception and it happens with Canadians all of the time because they are not required to have a visa in thier passports unless they are K, E, or V. They are required however to have the I-94 in their passport unless they are a B1/B2.(Business/Tourist). As you see there are a lot of "unless's" in US Immigration Law.
A frienf of mine and I were both working on TN visas years ago shortly after it became available (mid/later '90s), and H-1Bs before that. I.N.S. agents were making those same mistakes then as CBP/ICE ones do now. We were told by the issuing agent that we are supposed to keep the I-94s (white form) but random officers would take the I-94s so we'd just detached them and keep them safe. My friend travelled to S. America a lot (mining engineer) and I.N.S. agents would wrongly tell him he needed to apply for a new visa each time. Spent a lot of time getting to know the I.N.S. supervisor at MIA who told him "half my guys don't know what they're doing".
What follows in the "offical" word on the subject.
http://www.cbp.gov/xp/cgov/travel/id...ure_record.xml
Q: What is an Arrival-Departure Record and why do I need one?
A: The Arrival-Departure Record (CBP Form I-94) or the Crewman Landing Permit (CBP Form I-95) shows the date you arrived in the United States and the “Admitted Until” date, the date when your authorized period of stay expires, and class of admission. If arriving by air or sea, the transportation line will provide all non-immigrants a CBP Form I-94 (for all non-immigrants except crewmen) or CBP Form I-95 (for crewmen) if you have a non-immigrant visa in your passport. Visa Waiver Program (VWP) applicants will have to complete an Arrival-Departure Record, CBP Form I-94W (see Form I-94W section on cbp.gov). If coming to the U.S. by land, you will receive a blank CBP Form I-94, I-94W, or I-95 from a CBP officer upon arrival at the U.S. port of entry. These forms will be processed at a U.S. port of entry at a land border, airport or seaport. For preclearance or preinspection ports of entry, these forms are available upon entering the CBP primary passenger processing area.
You will be asked to complete the form prior to inspection. Review the form for accuracy and legibility before presenting it to the CBP officer.
During CBP processing, the CBP officer may ask you questions about the purpose of your trip, how long you will be in the United States, and your residence abroad. Upon completion of the CBP processing and stamping of your CBP Form I-94 or I-95, the CBP officer will affix the CBP Form I-94 or I-95 Form to your passport. If you are not required to present a passport, the form will be handed to you.
Prior to departing the CBP primary passenger processing area, review the class of admission and period of admission recorded on the admission stamp. The information transcribed on the CBP Form I-94 at the port of entry is the basis for all further immigration-related activity in which you may engage while in the United States. Benefit agencies, specifically the Social Security Administration, make decisions based on the hand-written endorsement recorded on the CBP Form I-94.
It is your responsibility to ensure that your I-94/I-94W is turned in to Customs and Border Protection (CBP) at the end of your visit to the United States.
If you are departing by air, please turn the I-94/I-94W into the airline prior to departure.
If you are departing by sea, please turn the I-94/I-94W into the shipping line prior to departure.
If you are departing by land and you will not be returning to the United States within 30 days, please turn the I-94/I-94W into the Canadian or Mexican authorities upon departure from the United States.
In general, if you have been admitted to the United States under most visa classifications if you take a short trip (30 days or less) to Canada or Mexico, you may retain your I-94/I-94W, so when resume your visit to the United States you are readmitted for the balance of the time remaining on your I-94/I-94W.
For those admitted as academic students or exchange visitors (F or J classifications), if you take a short trip (30 days or less) to Canada, Mexico, or the Adjacent Islands, you may retain your I-94 and your SEVIS form I-20 or SEVIS Form DS-2019, so when you resume your visit to the United States you are readmitted for the balance of the time required for you to complete your program.
Both 8 CFR 214.1 and 22 CFR 41.112 contain legal guidance on the procedures for the readmission of a traveler and automatic revalidation of a visa that has expired.
However, because each traveler’s individual circumstances may vary (such as your current status in the United States, foreign destination, and the nationality of the traveler); it is recommended that you contact CBP at the port of your departure and prior to your departure if you have any questions regarding these issues.
Be sure to turn in the CBP Form I-94 or I-95 to the proper authorities on departure. This returned portion of the form proves you did not violate U.S. laws by overstaying your period of admission and staying in the country too long. It is evidence that you obeyed U.S. immigration laws and left timely, which is essential if you want to return to the United States at a future date as an immigrant or nonimmigrant.