Traveling to Contiguous Territory and Adjacent Islands  

For holders of F and J visa classes who have expired visa stamps in their passports, certain expired visa stamps are considered valid for travel only and solely to "contiguous territory and adjacent islands."

Contiguous territory is Canada and Mexico, and adjacent islands are those located in the Caribbean (excluding Cuba). This means that you do not need a new visa stamp to reenter the U.S. after this type of travel. HOWEVER, this exception applies only as indicated below and ALL CRITERIA must be met. Furthermore, this exception may change as the political relationships between the U.S. and other countries change. Always check on the current status of these provisions before you travel.

For holders of H and O visa classes who have expired visa stamps in their passports, certain expired visa stamps are considered valid for travel only to Canada and Mexico. The exception does not include travel to adjacent islands and applies only as indicated below and ALL criteria must be met. Again, check on the current status of these provisions before you travel.

Criteria for the Provisions Listed Above
 

The time outside the United States MUST be for less than 30 days, and you must travel only into contiguous territory or adjacent islands. Travel to a third country from Canada, Mexico or an adjacent island is not permitted.

You must have in hand and present to the immigration officer a valid unexpired visa document (i.e., I-20, Ds-2019, I-797 approval notice).
You must have in hand and present to the immigration officer a valid unexpired passport.
You must have maintained F, J, H or O status and must intend to resume this class when you reenter the U.S.
You must have a valid I-94 card and apply for reentry before the end of the authorized stay.
You must not be considered inadmissible to the U.S. under Section 212(a) or 212(d)(3)(A) of the Immigration and Nationality Act. In other words, if either of the aforementioned notations appears on your expired visa stamp, you are not eligible for readmission. "J" visa holders - please do not confuse these two notations with Section 212(e) that indicates you are subject to the two-year home residence requirement. The Section 212(e) notation on your visa stamp does not affect your eligibility.

NOTE: If traveling to Canada, Mexico or one of the adjacent islands, you certainly must check beforehand as to whether you need a visa stamp to enter those territories.

So what is the action that can result in a foreign national being found to have committed visa fraud? An example may be helpful.

Scenario I 

A Chinese national in the second year of her J.D. program wishes to go home at the Winter Break. Her original F-1 visa stamp expired in December of 1998, and a new visa stamp will be required in order to reenter the U.S. Having heard from a friend in China that the U.S. consulate in Beijing has refused to reissue new visa stamps to some persons also wishing to continue their academic programs in the U.S. - the consulate citing either insufficient funding or the possession of immigrant intent as the reason(s) for denying those requests - the WSU student is worried that if she flies from the U.S. back to China she may not be able to obtain a visa stamp to reenter the U.S. She knows, however, that she can get a visa stamp to enter Canada, and even though her U.S. visa stamp has expired, she also knows she can reenter the U.S. as long as she doesn't stay in Canada more than 30 days. So she travels to Canada and holds her I-94 card because she tells the immigration officer she will not be in Canada more than 30 days - which is true. She then flies from Canada to Beijing for two weeks. Once at home, she immediately goes to the U.S. consulate to apply for her visa stamp, but the officer denies her request. Then, even though she believes she has sufficient proof of funding and given she has done everything she can to prove she has non-immigrant intent (her family still lives in Beijing - she may even have a prospective Chinese employer), she returns to Canada and then arrives at the U.S. border with her expired U.S. visa stamp and her I-94 card still showing her status as F-1, D/S.


The INS officer at the port of entry permits the student to reenter the United States, believing that she only has been in Canada and has not left Canada. Has visa fraud occurred? The answer is, "YES." Once the student left Canada for a destination OTHER THAN the United States, the "contiguous territory and adjacent islands" regulations have been violated. If Canada, Mexico or one of the approved adjacent islands is being used as a "launch site" for international travel with an expired U.S. visa stamp, then foreign nationals need to know they are breaking the law. They must return directly to the U.S. from any of the authorized territories - no side trips are permitted. Even if the INS officer readmits her to the U.S. in error or as a result of being misled by the student, the fraudulent admission remains as a permanent part of the student's immigration history. Visa fraud and misrepresentation are basic grounds for denying lawful permanent resident ("Green Card") status. It is also a basis for denying admission on any future trip to the U.S., even if she later obtains a valid visa stamp.

Scenario II

When the Chinese student attempts to reenter the U.S. in Vancouver, the INS officer at the port of entry inspects her travel documents and notices the stamps in her passport indicating a recent entry into China and an even more recent reentry into Canada. Immediately, the INS officer knows the student violated the contiguous territory rule, and the student is forced to return to China. The only way the student can complete her degree at WSU is to be issued a valid visa stamp for reentry to the United States.

Important Consideration

Each of us needs to recognize that being permitted into any country other than our country of citizenship or country of lawful permanent residence is a privilege - NOT A RIGHT. Thus, any time a foreign national chooses to travel abroad knowing s/he will need a new visa stamp to reenter, there IS NO GUARANTEE that 1) the new visa stamp will be issued, or 2) that you will be readmitted at the port of entry. Traveling abroad always carries some degree of risk, and the best thing you can do to insure that you encounter no problems is to carry valid documents with you at all times (including proof of funding if ever asked) and to abide by the laws and regulations governing your non-immigrant status.

Please also consult our web site entry on "Travel Abroad and Reentry" or contact an advisor in the UCIE if you have any questions.