I94 stamped: immigrated to canada


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jake3d   
Member since: Sep 03
Posts: 2962
Location: Montreal

Post ID: #PID Posted on: 24-11-04 15:32:45

Guys,
Need some help here!
My friend came in from Chicago(made his landing as PR) last night and the immigration officer stamped my friends wife's I94(?) with the legend 'immigrated to Canada' or some such. After some wrangling they have managed to get the paper back from the officer but were informed that they will not be able to get back into the US with that stamped paper.

Is this correct? Will they have trouble reentering the US(which they intend to later this week)?


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pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 24-11-04 15:51:01

Jake --

Your friends should have handed over their I-94s to the immigration officers.
They should not have demanded it back.

What was their status in the US?
Depending on that, they will probably be able to re-enter the US on that I-94 within the 30 day period.

Immigrating to Canada does not disqualify anyone per se from entering or re-entering the US.

If, however, they have a US GC process pending (like the Adjustment of Status pending), then their GC process can be deemed "abandoned" by US immigration because they have demonstrated the fact that they want to make another country (Canada) their permanent residency.

Beyond the 30 day period, their I-94s are anyway useless and they will have to re-enter the US using a valid visa.

When I had completed my PR landing process, I have driven across Buffalo and used the same I-94s to return back to the US and did not have any problems.

What I fail to see is how immigrating to Canada can have any affect on entering the US or non-immigrant status in the US.

Best regards,
Pratick

Quote:
Orginally posted by jake3d

Guys,
Need some help here!
My friend came in from Chicago(made his landing as PR) last night and the immigration officer stamped my friends wife's I94(?) with the legend 'immigrated to Canada' or some such. After some wrangling they have managed to get the paper back from the officer but were informed that they will not be able to get back into the US with that stamped paper.

Is this correct? Will they have trouble reentering the US(which they intend to later this week)?


-----------------------------------------------------------------
"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"


jake3d   
Member since: Sep 03
Posts: 2962
Location: Montreal

Post ID: #PID Posted on: 24-11-04 16:26:02

Thanks a bunch for the info.
If thewy had handed over their I-94 how would they reenter? Is this paper not required to reenter the US? My friend intends to continue working there for sometime.

I'm not sure of what their status is w.r.t GC. I'll convey the info you have provided. Thanks a bunch!!!


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pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 24-11-04 16:48:48

Quote:
Orginally posted by jake3dThanks a bunch for the info.
If thewy had handed over their I-94 how would they reenter? Is this paper not required to reenter the US?

The I-94 can be used for re-entry in most cases within the 30 day period.
If they don't have valid visas of the same category as the I-94, they can use the I-94 to re-enter the US.

I am not sure how immigrating to Canada can prevent them from re-entering the US.
They should just drive up to the border post and present their I-94 on their way back.
Unless there has been a very recent change in the law that prevents this flexibility, then I am not sure.

BTW, do they happen to belong to any of the "terrorist sponsoring" countries like Iran, Libya, Sudan, etc?
Some of the laws are different for them and they don't have all the flexibilities that other nationals have.


-----------------------------------------------------------------
"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"




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