Q: Hi, I am in USA,my visa is expired,I have I 797. I need to go to Vancouver, Canada for my educational conference(1Wk).
Am I eligible to get automated revalidation and Visa stamping in Canada for returning back to USA?
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A:
Based on the information you provided, it seems like you are asking about the possibility of using the automatic visa revalidation process to attend a conference in Canada and then return to the United States. However, there are a few important factors to consider:
1. Automatic Visa Revalidation: This process allows certain temporary visitors to re-enter the U.S. after traveling to a contiguous territory (Canada or Mexico) for up to 30 days, even if their visa has expired. However, this only applies to specific visa categories, such as B1/B2, C1/D, or certain work visas like H-1B, L-1, or O-1.
2. I-797 Notice of Action: The I-797 is a document issued by the U.S. Citizenship and Immigration Services (USCIS) that can serve various purposes, such as confirming receipt of a petition or application, or extending the validity of a visa. Depending on the type of I-797 you have, it may or may not allow you to use the automatic visa revalidation process.
3. Visa Stamping in Canada: In general, it is not possible to obtain a U.S. visa stamp in Canada unless you are a Canadian citizen or permanent resident. If you are not eligible for automatic visa revalidation, you would typically need to visit a U.S. embassy or consulate in your home country to obtain a new visa stamp.
Given the complexity of your situation, it is strongly recommended that you consult with an immigration attorney or a qualified legal professional who can assess your specific case and provide accurate guidance. They can help determine your eligibility for automatic visa revalidation based on your visa category and the type of I-797 you hold, and advise you on the best course of action for your travel plans.
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