Can I use the automatic visa revalidation to layover in the US?



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3















Birth and residence: China, P.R.



Current: F1 in US, with valid I20 & I94 (valid until 2018), visa expired, visitor visa of Canada



Travel: Toronto -> Chicago -> Beijing



My question is, can I layover in the Chicago? I know students with F-visa can return to the US within 30 days from Canada. However, my case is a little bit special since I'm not returning US, but layover in the US to take another flight.



Though I can renew my US visa in Toronto, the risk is, if I cannot get cleared, I cannot re-enter US, and I will miss the planned flight.










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  • 2





    I think from the point of view of US immigration, there isn't a lot of difference.

    – CMaster
    Apr 13 '16 at 15:31











  • This is a very unusual case. But it seems risky to me. I think it would be easier to simply fly home via Vancouver.

    – Michael Hampton
    Apr 13 '16 at 15:48






  • 2





    Are your studies ending? If so, your I20 won't be valid and you can't enter in F1 status, so you can't use automatic revalidation. If not, why don't you just get a new F-1 visa while you're in Toronto? You'll need it when you return from China, after all.

    – phoog
    Apr 13 '16 at 16:19












  • In response to those who suggest renewing the F-1 visa in Toronto, these answers say this is not recommended: (1), (2)

    – krubo
    Apr 17 '18 at 15:35


















3















Birth and residence: China, P.R.



Current: F1 in US, with valid I20 & I94 (valid until 2018), visa expired, visitor visa of Canada



Travel: Toronto -> Chicago -> Beijing



My question is, can I layover in the Chicago? I know students with F-visa can return to the US within 30 days from Canada. However, my case is a little bit special since I'm not returning US, but layover in the US to take another flight.



Though I can renew my US visa in Toronto, the risk is, if I cannot get cleared, I cannot re-enter US, and I will miss the planned flight.










share|improve this question



















  • 2





    I think from the point of view of US immigration, there isn't a lot of difference.

    – CMaster
    Apr 13 '16 at 15:31











  • This is a very unusual case. But it seems risky to me. I think it would be easier to simply fly home via Vancouver.

    – Michael Hampton
    Apr 13 '16 at 15:48






  • 2





    Are your studies ending? If so, your I20 won't be valid and you can't enter in F1 status, so you can't use automatic revalidation. If not, why don't you just get a new F-1 visa while you're in Toronto? You'll need it when you return from China, after all.

    – phoog
    Apr 13 '16 at 16:19












  • In response to those who suggest renewing the F-1 visa in Toronto, these answers say this is not recommended: (1), (2)

    – krubo
    Apr 17 '18 at 15:35














3












3








3








Birth and residence: China, P.R.



Current: F1 in US, with valid I20 & I94 (valid until 2018), visa expired, visitor visa of Canada



Travel: Toronto -> Chicago -> Beijing



My question is, can I layover in the Chicago? I know students with F-visa can return to the US within 30 days from Canada. However, my case is a little bit special since I'm not returning US, but layover in the US to take another flight.



Though I can renew my US visa in Toronto, the risk is, if I cannot get cleared, I cannot re-enter US, and I will miss the planned flight.










share|improve this question
















Birth and residence: China, P.R.



Current: F1 in US, with valid I20 & I94 (valid until 2018), visa expired, visitor visa of Canada



Travel: Toronto -> Chicago -> Beijing



My question is, can I layover in the Chicago? I know students with F-visa can return to the US within 30 days from Canada. However, my case is a little bit special since I'm not returning US, but layover in the US to take another flight.



Though I can renew my US visa in Toronto, the risk is, if I cannot get cleared, I cannot re-enter US, and I will miss the planned flight.







visas usa transit f1-visas chinese-citizens






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edited Apr 13 '16 at 16:58







findsun

















asked Apr 13 '16 at 15:28









findsunfindsun

162




162







  • 2





    I think from the point of view of US immigration, there isn't a lot of difference.

    – CMaster
    Apr 13 '16 at 15:31











  • This is a very unusual case. But it seems risky to me. I think it would be easier to simply fly home via Vancouver.

    – Michael Hampton
    Apr 13 '16 at 15:48






  • 2





    Are your studies ending? If so, your I20 won't be valid and you can't enter in F1 status, so you can't use automatic revalidation. If not, why don't you just get a new F-1 visa while you're in Toronto? You'll need it when you return from China, after all.

    – phoog
    Apr 13 '16 at 16:19












  • In response to those who suggest renewing the F-1 visa in Toronto, these answers say this is not recommended: (1), (2)

    – krubo
    Apr 17 '18 at 15:35













  • 2





    I think from the point of view of US immigration, there isn't a lot of difference.

    – CMaster
    Apr 13 '16 at 15:31











  • This is a very unusual case. But it seems risky to me. I think it would be easier to simply fly home via Vancouver.

    – Michael Hampton
    Apr 13 '16 at 15:48






  • 2





    Are your studies ending? If so, your I20 won't be valid and you can't enter in F1 status, so you can't use automatic revalidation. If not, why don't you just get a new F-1 visa while you're in Toronto? You'll need it when you return from China, after all.

    – phoog
    Apr 13 '16 at 16:19












  • In response to those who suggest renewing the F-1 visa in Toronto, these answers say this is not recommended: (1), (2)

    – krubo
    Apr 17 '18 at 15:35








2




2





I think from the point of view of US immigration, there isn't a lot of difference.

– CMaster
Apr 13 '16 at 15:31





I think from the point of view of US immigration, there isn't a lot of difference.

– CMaster
Apr 13 '16 at 15:31













This is a very unusual case. But it seems risky to me. I think it would be easier to simply fly home via Vancouver.

– Michael Hampton
Apr 13 '16 at 15:48





This is a very unusual case. But it seems risky to me. I think it would be easier to simply fly home via Vancouver.

– Michael Hampton
Apr 13 '16 at 15:48




2




2





Are your studies ending? If so, your I20 won't be valid and you can't enter in F1 status, so you can't use automatic revalidation. If not, why don't you just get a new F-1 visa while you're in Toronto? You'll need it when you return from China, after all.

– phoog
Apr 13 '16 at 16:19






Are your studies ending? If so, your I20 won't be valid and you can't enter in F1 status, so you can't use automatic revalidation. If not, why don't you just get a new F-1 visa while you're in Toronto? You'll need it when you return from China, after all.

– phoog
Apr 13 '16 at 16:19














In response to those who suggest renewing the F-1 visa in Toronto, these answers say this is not recommended: (1), (2)

– krubo
Apr 17 '18 at 15:35






In response to those who suggest renewing the F-1 visa in Toronto, these answers say this is not recommended: (1), (2)

– krubo
Apr 17 '18 at 15:35











1 Answer
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oldest

votes


















2














Yes, it seems plausible, but you have to comply with all of the AVR requirements:



  • not ever being out of status

  • your SEVIS record must be current and active

  • and others per CBP

Couple suggestions



  1. Layover means entering US and exiting US. You will deal with US immigration (CBP) in Toronto pre-flight inspection. From personal experience with AVR, you might be sent to secondary inspection. Allow some time (~2-3 extra hours) for that.

  2. Many US CBP officers are not entirely aware of the AVR rule. Carry the linked AVR memo, as well as the text of the corresponding FAM and CFR. If the officer tells something like "I can not admit you with expired visa" politely show him the printout. If he still refuses, you have the right to have your case heard by the head of the port of entry. They are usually much more knowledgeable and they know the rules (personal experience).

PS. Unless it is some kind of emergency, I would renew your visa in Toronto.






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    1 Answer
    1






    active

    oldest

    votes








    1 Answer
    1






    active

    oldest

    votes









    active

    oldest

    votes






    active

    oldest

    votes









    2














    Yes, it seems plausible, but you have to comply with all of the AVR requirements:



    • not ever being out of status

    • your SEVIS record must be current and active

    • and others per CBP

    Couple suggestions



    1. Layover means entering US and exiting US. You will deal with US immigration (CBP) in Toronto pre-flight inspection. From personal experience with AVR, you might be sent to secondary inspection. Allow some time (~2-3 extra hours) for that.

    2. Many US CBP officers are not entirely aware of the AVR rule. Carry the linked AVR memo, as well as the text of the corresponding FAM and CFR. If the officer tells something like "I can not admit you with expired visa" politely show him the printout. If he still refuses, you have the right to have your case heard by the head of the port of entry. They are usually much more knowledgeable and they know the rules (personal experience).

    PS. Unless it is some kind of emergency, I would renew your visa in Toronto.






    share|improve this answer



























      2














      Yes, it seems plausible, but you have to comply with all of the AVR requirements:



      • not ever being out of status

      • your SEVIS record must be current and active

      • and others per CBP

      Couple suggestions



      1. Layover means entering US and exiting US. You will deal with US immigration (CBP) in Toronto pre-flight inspection. From personal experience with AVR, you might be sent to secondary inspection. Allow some time (~2-3 extra hours) for that.

      2. Many US CBP officers are not entirely aware of the AVR rule. Carry the linked AVR memo, as well as the text of the corresponding FAM and CFR. If the officer tells something like "I can not admit you with expired visa" politely show him the printout. If he still refuses, you have the right to have your case heard by the head of the port of entry. They are usually much more knowledgeable and they know the rules (personal experience).

      PS. Unless it is some kind of emergency, I would renew your visa in Toronto.






      share|improve this answer

























        2












        2








        2







        Yes, it seems plausible, but you have to comply with all of the AVR requirements:



        • not ever being out of status

        • your SEVIS record must be current and active

        • and others per CBP

        Couple suggestions



        1. Layover means entering US and exiting US. You will deal with US immigration (CBP) in Toronto pre-flight inspection. From personal experience with AVR, you might be sent to secondary inspection. Allow some time (~2-3 extra hours) for that.

        2. Many US CBP officers are not entirely aware of the AVR rule. Carry the linked AVR memo, as well as the text of the corresponding FAM and CFR. If the officer tells something like "I can not admit you with expired visa" politely show him the printout. If he still refuses, you have the right to have your case heard by the head of the port of entry. They are usually much more knowledgeable and they know the rules (personal experience).

        PS. Unless it is some kind of emergency, I would renew your visa in Toronto.






        share|improve this answer













        Yes, it seems plausible, but you have to comply with all of the AVR requirements:



        • not ever being out of status

        • your SEVIS record must be current and active

        • and others per CBP

        Couple suggestions



        1. Layover means entering US and exiting US. You will deal with US immigration (CBP) in Toronto pre-flight inspection. From personal experience with AVR, you might be sent to secondary inspection. Allow some time (~2-3 extra hours) for that.

        2. Many US CBP officers are not entirely aware of the AVR rule. Carry the linked AVR memo, as well as the text of the corresponding FAM and CFR. If the officer tells something like "I can not admit you with expired visa" politely show him the printout. If he still refuses, you have the right to have your case heard by the head of the port of entry. They are usually much more knowledgeable and they know the rules (personal experience).

        PS. Unless it is some kind of emergency, I would renew your visa in Toronto.







        share|improve this answer












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        share|improve this answer










        answered Apr 13 '16 at 20:29









        mzumzu

        3,96321531




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