Can I re-enter the US with a valid I-94 but without my expired visa-bearing passport?
I've exited the US for a short (few days) trip to Canada. I've used my passport, but forgot to take my old passport — which has my (unexpired) US visa (tourist).
My current passport carries my most recent US entry stamp, and my I-94 is still valid.
Is there any chance they'll let me re-enter based on that? I know one can re-enter with an expired visa, but this case is different: the visa is unexpired, I just don't have it physically with me.
Best Answer
You would have been able to enter without your old passport. Given that you spent less than 30 days in Canada (this would have been true for Mexico as well) your visa is re-validated upon entry (automatic revalidation).
Automatic revalidation does not require you to present a visa - it is the I-94 that is required. If you originally entered the US by air or sea, your valid passport is enough (the I-94 is electronic in this case), and if you originally entered the US by land, you present your passport and paper I-94 form (which should have been stapled into the passport).
Source: https://www.cbp.gov/sites/default/files/documents/auto_reva_3.pdf
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Can I re enter the US with a valid I-94 and expired visa?
Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of valid admission stamp or paper Form I-94, because automatic revalidation applies to limited categories of travelers.Can I apply for U.S. visa if my passport is about to expire?
Q. 1 How long does my passport have to be valid in order to apply for a U. S. visa? You must possess a passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide exemptions).Will I be able to reenter the US if I overstay my tourist visa?
If you overstay by 180 days or more (but less than one year), after you depart the U.S. you will be barred from reentering for three years. If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years.Can You Remain in the US After Your Visa Expires?
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