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Frequently Asked Questions |
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What is the rule regarding the visa requirement and brief visits to Canada or Mexico?
In some circumstances one may make visits to Canada or Mexico of 30 days or less, and return on an expired visa, even an expired visa in a different classification (for example, where one entered the U.S. on an F-1 student visa and was later granted a change of status to H-1B). One must be in possession of a valid I-94, have maintained status, and be returning to the U.S to maintain status. This rule does not apply if the purpose of the trip is to apply for a visa: where this is the purpose of the trip, either one must wait in Canada or Mexico for the visa to be issued and return on that visa, or, if the visa is denied, one must return to one’s home country and make the visa application there. It is important to note that nationals of certain countries are not eligible for this exception. These countries, for which the exception does not apply, are currently Iraq, Iran, Libya, Sudan, North Korea, and Cuba.
Since one risks being unable to reenter the U.S. if some requirement is not met, it is important to be sure that every ground of eligibility is satisfied.
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