Posted on: 05-04-05 12:11:48
Quote:
Orginally posted by pratickm
Quote:I believe there is an additional requirement of having an expired, non-cancelled visa stamped on your passport - you do not meet that requirement.
Orginally posted by viren_k
but my point is that the AVR can be used for people who are not from the terrorist countries,who did not apply for a visa at the consulate in canada or mexico and finally travelling less than 30 days.
Your visa has been cancelled by DoS (without "prejudice" simply means that it was not cancelled because of some offense committed by you).
Quote:Well, if the DoS is requiring you to appear at a consulate, you will have to.
i do have the dept of state issued letter citing that i should attend a consulate to obtain visa to travel.If i show them that i havent applied for a visa in canada and this was actually stamped by DOS, will that help..not too sure how they will look at this.
The BCIS officials at the border will not disregard that letter from DoS and give you an AVR - they will most likely tell you to go back to Toronto to get a visa stamp.
Do you (or your company's lawyer) have any idea why the visa was cancelled and a new one not stamped?
As I said earlier, sometimes this happens when there has been a status violation in the past - is this the case with you?
If that is the case, or there is any inconsistency in your documents, you will have to go to the consulate.
Usually that's not a major issue and they will simply verify all your documents and give you a visa.
the status was not violated at any time.its just that few of the guys who work in my company were not issued visas when we applied the same time in St Louis.the rest of them when they visited india got it stamped.
That may be because DoS has stopped issuing visas through the St. Louis processing center.
This happened after I left the US, so I don't know the reasons, or what the alternative procedure is.
221(g) is normally used when the applicant is either ineligible for a visa from that post or the documents submitted are not enough.
In any case, since DoS has specifically asked you to apply at a consulate I don't think you have much choice in the matter.
Try and call the border agency at the crossing and ask them just to be sure.
Unless they can categorically state that you will be allowed to use AVR even with the cancelled visa, your best bet is to apply for a new visa.
The only choice for you in the matter is whether to apply in Canada or apply in India.
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"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"
You can use AVR with expired Visa but not with cancelled Visa if you are returning back to usa within 30 days.
Quote:
Orginally posted by monk
You can use AVR with expired Visa but not with cancelled Visa if you are returning back to usa within 30 days.
Hey...by the way.i spoke with one of the immigration officer at the border post and explained him the whole scenario.He suggested me to drive to the post and show the documents and passport and wants to see if they put any annote in my passport apart from Putting a stamp of Cancelled.He was not too sure about it but told me to take chance..at the most i will be sent back to get the visa..in any case i have to apply for a visa.so i figured its better to give a shot.
