The U.S. immigration process can be complex, but understanding the basics can make it easier. For Canadians who obtained pre-approval from USCIS, the I-797 Approval Notice is key. This article explains this process.
What is Form I-797?
Form I-797, also known as the Notice of Action, is a document sent by the U.S. Citizenship and Immigration Services (USCIS) to communicate the approval of a visa petition or application. It’s not a visa but proof that your petition has been approved.
Step-by-Step Guide for Canadians
- Receive Your Form I-797
- Once your non-immigrant visa petition is approved, USCIS will send you Form I-797.
- Review the form carefully to ensure all details are correct.
- Prepare for Your Trip
- Ensure you have a valid Canadian passport.
- Gather other supporting documents, such as your employment letter, if you apply for a work visa.
- At the Border
- Present your Form I-797 and passport to the U.S. Customs and Border Protection (CBP) officer.
- The CBP officer will verify your documents and ask questions about your visit.
- Secondary Inspection (If Required)
- Sometimes, additional verification is needed. If referred to a secondary inspection, remain calm and answer all questions truthfully.
- Have copies of supporting documents, such as your job offer or invitation letter, ready for review.
- Admittance to the US
- Once the CBP officer is satisfied with your documentation, you will be granted entry to the U.S.
- You will receive an electronic I-94 attached to the passport you used to apply for the visa—the I-94 indicates your visa status and duration of stay. You can retrieve your I-94 here.
- Obtain a US Social Security Number (SSN)
- With a non-immigrant visa, you are eligible to obtain a US SSN.
- You should wait at least seven days post-entry for CBP to share your record with the SSN Office.
- You can then apply for your SSN. You can find the instructions here.
- Subsequent Entries
- After initial entry with the I-797 approval notice and receiving the I-94, you will only require your valid passport and I-94 for travel to and from the US.
Tips for a Smooth Entry
- Keep Your Documents Organized: Have all necessary documents, including Form I-797, passport, and supporting documents, easily accessible.
- Be Honest and Clear: Answer all questions from the CBP officer truthfully and clearly.
- Know Your Rights: Understand the terms of your visa, including the allowed duration of stay and work restrictions, if any.
Common Questions
Q: Can I enter the U.S. with Form I-797? A: No, Form I-797 is not a visa. You must present it along with your passport and any other required documents.
Q: What if there is a mistake on my Form I-797? A: Contact USCIS immediately to correct any errors on your Form I-797 before entering the U.S.
Q: Do I need a visa stamp on my passport? A: Canadian citizens typically do not need a visa stamp for most non-immigrant visas but must have an approved Form I-797.
Conclusion
Using Form I-797 to enter the U.S. is straightforward if you are well-prepared and understand the requirements. Keep all your documents in order, stay informed about the process, and consult an immigration lawyer if you have any doubts. The Immigration lawyers at Richards and Jurusik have specific expertise in assisting Canadians to work and live in the U.S.
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Citations
Form I-797: Types and Functions
We Can Help!
You may have questions regarding working or living in the US as a Canadian. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
