Skip to main content

Getting a new I-94

Dallas, TX |

Can we travel to Mex/Canada to get a new I-94?I am on L1B visa and both visa and I-94 are expiring end of 2013.I just wanted to see if we travel out and come in then we might get more validity on I-94. Some of my friends got 3 years I-94 event though they had only 6 months L1B visa validity.I just completed 2 years on L1B.

+ Read More

Attorney answers 3

Posted

If it's a new I-94 you want to try to obtain, without having to travel to Hindustan and back, it is farther than either Mexico or Canada that you'll have to fly. Due to "contiguous territory" rule you are to be readmitted on the same I-94 with which you left, unless prove to have remained in either Mex or CDN for more than 30 days (I wouldn't attempt to that if I were you, for obvious reasons..)

You will thus have to fly for at least 5 days vacation to either Costa Rica (boring, underdeveloped, excessively expensive for what it is) or Panama (much more interesting and reasonably priced.) Note I don't even mention Guatemala or other central American states, all of those are much too primitive and dangerous for your life to be worth the risk..

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Posted

To m it appears that you are alluding to the automatic visa revalidation process, also known as the contiguous territory rule. It enables a nonimmigrant visa holder with a valid I-94 but expired visa to travel to Canada, Mexico or "adjacent islands other than Cuba", and be able to reenter the US without the need to apply for a new visa at the US Embassy or Consulate. To be eligible for the the contiguous territory/automatic visa revalidation rule, the nonimmigrant visa holder must be in the U.S. in lawful nonimmigrant status and cannot be a national or a citizen of a country on the official list of "state sponsors of terrorism" (currently Cuba, Iran, Sudan and Syria). The nonimmigrant is likewise not eligible he or sheis otherwise "inadmissible" to the US based on, for example, certain criminal convictions, communicable diseases, or past periods of “unlawful presence” in the U.S.

When the automatic validation rule applies, the expired visa is considered automatically "revalidated" to the date the worker seeks readmission at the US Port of Entry (POE). Essentially, the expired visa in the worker's passport is considered valid for the period when the individual is seeking readmission to the U.S.

Readmission under the contiguous territory/automatic visa revalidation rule is not available to those who apply for new visas at one of the U.S. Embassies or Consulates while in Canada or Mexico. For example, where an L-1B worker with an expired visa stamp but valid I-94 travels for 2 weeks to Mexico or Canada and applies for a new L-1B visa at the U.S. Embassy or a Consulate, the contiguous territory/automatic visa revalidation rule is not applicable.
If the automatic visa revalidation rule applies to you, then you do not get a new I-94, but rather reenter on the same one.


The travel to Canada or Mexico but be for at least 2 days cannot exceed 30 days.

Please note, the above answer is for general informational purposes only. We are a full-service immigration and criminal defense law firm, representing clients in all 50 states and worldwide. Kristy Figueroa-Contreras, Esq., kristy@negri-torres.com, NEGRI, TORRES & FIGUEROA-CONTRERAS, PA, The Minorca, Suite 214, 2030 South Douglas Road, Miami, FL 33134, Tel. (305) 639-8599. Hablamos español. Falamos português.

Posted

I agree with my colleagues.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer