Traveling to Canada can be a great experience, but if you’re a non-immigrant visa holder in the U.S. with an approved I-797 form, it’s crucial to understand the rules for re-entry. This article explains whether you can travel to Canada with an approved I-797 and the conditions you need to meet.
Automatic Visa Revalidation: A Quick Overview
The U.S. offers a process called “automatic visa revalidation.” This allows certain individuals with expired visas to re-enter the U.S. from Canada or Mexico without needing to obtain a new visa stamp. This can be particularly useful for H-1B holders and other non-immigrant workers.
Alt: I-797 form sample, highlighting “Approval or Extension of Status” for visa holders traveling to Canada.
Eligibility for Automatic Revalidation
To be eligible for automatic visa revalidation when traveling to Canada (or Mexico), you must meet all of the following requirements:
- Limited Travel: Your trip must be only to Canada or Mexico. Traveling to any other country disqualifies you.
- No New Visa Application: You must not have applied for a new U.S. visa while in Canada or Mexico. If you did apply and were denied, you are ineligible.
- Valid Passport: Your passport must be valid for at least six months from your date of re-entry to the U.S., unless your country is a member of the “six-month club.”
- I-797 Approval Notice: If you are in H-1B status, you must possess your portion of the I-797 approval notice (the bottom left side).
- Unexpired I-94: You must possess an unexpired I-94 record or admission stamp.
- Timely Re-entry: You must apply for readmission to the U.S. within the authorized period of your immigration status.
- Maintain Status: You must have maintained and intend to resume your non-immigrant status.
Note: When leaving the U.S. for Automatic Revalidation, do not surrender your paper I-94 card—you will need it for re-entry.
Restrictions on Automatic Visa Revalidation
Automatic revalidation is not available to nationals from countries identified as state sponsors of terrorism. Additionally, if you apply for a new visa in Canada or Mexico and are denied, you cannot use automatic visa revalidation.
Alt: The U.S. Customs and Border Protection seal, relevant for travelers understanding re-entry requirements from Canada.
Recommended Documentation
It is highly recommended that you carry the CBP article on automatic visa revalidation with you. It is also wise to print the relevant regulations. These documents can help clarify the process to CBP officers upon your return.
Traveling by Air
If you plan to travel by air, confirm that your airline is familiar with the visa revalidation process. Ensure they will issue you a boarding pass when returning to the U.S., even though you have an expired U.S. visa in your passport. Some airlines may be unfamiliar with this process, which could lead to difficulties.
Conclusion
Traveling to Canada with an approved I-797 is possible under automatic visa revalidation, but strict conditions apply. Ensure you meet all eligibility requirements and carry the necessary documentation. Contacting CBP directly or consulting with an immigration attorney can also provide additional clarity.
