Automatic visa revalidation is one of a handful of exceptions to the general rule that a person who is not a United States citizen or lawful permanent resident can only lawfully enter the United States if he/she has a valid visa. According to automatic visa revalidation, people on some non-immigrant visa statuses who visit Canada, Mexico or some adjacent islands close to the United States for a period of less than 30 days can re-enter the United States based on a valid Form I-94 even if their visa has expired.[1][2][3]

Rules

A person is eligible for automatic visa revalidation provided the following conditions are met:[4]

  • The underlying authorization for the current status continues to be valid (such as the Form I-129 for non-immigrant workers or Form I-20 for students in F status).
  • The person’s absence from the United States was 30 days or less.
  • The person did not visit any countries other than Mexico or Canada in that period. People on F visa or J visa statuses are also allowed to have visited adjacent islands to the United States (i.e., the Caribbean Islands).[1][5]
  • The person does not have a pending (or rejected) application for a new visa. Since it is not possible to renew a non-immigrant visa in the United States[6] a person on a non-immigrant visa may travel to a nearby country to apply for a new visa. However, such a person becomes ineligible for automatic visa revalidation based on the rules, so automatic visa revalidation cannot be used as a fallback option for somebody trying to renew an expired visa.[7][8]
  • The person is not a citizen of one of the countries designated by the US as a state sponsor of terrorism. As of 2018, the list includes four countries: North Korea (designated November 20, 2017), Iran (designated January 19, 1984), Sudan (designated December 29, 1979), and Syria (designated August 12, 1993).[9]

Similar exceptions

  • The Visa Waiver Program allows nationals of 40 countries to enter the United States without visas, but they can enter only for short-term business/tourism trips, under conditions similar to those governing B visas.
  • Some people currently in the United States can apply for advance parole that allows them to leave and re-enter the United States without a valid visa. Advance parole is not a generic re-entry permit.

Relation with change of status

Automatic visa revalidation also applies to cases where the applicant never acquired a visa for his or her current non-immigrant status but rather transitioned through it by filing the appropriate form to change non-immigrant status (such as Form I-129 or Form I-539). Instead of the "visa", what gets revalidated is the change of status, and therefore in lieu of the visa the applicant must carry the Form I-797 Approval Notice in addition to all the other supporting documentation. In particular, it does not matter if the applicant has never acquired a visa for the new status.[10]

References

  1. 1 2 "Automatic Revalidation". United States Department of State, Bureau of Consular Affairs. Retrieved December 28, 2018.
  2. ↑ "Automatic revalidation for certain temporary visitors". United States Customs and Border Protection. Retrieved March 5, 2020.
  3. ↑ "Important Update - Automatic Revalidation of Visas" (PDF). United States Customs and Border Protection. May 23, 2012. Archived from the original (PDF) on June 3, 2016.
  4. ↑ "Returning to the U.S. from Canada or Mexico". Cornell University International Students and Scholars Office. Archived from the original on April 10, 2015. Retrieved April 4, 2015.
  5. ↑ "Automatic Visa Revalidation". Office of International Affairs, University of Chicago. Retrieved April 4, 2015.
  6. ↑ "Visa & Passport Renewal". International Center, Winthrop University. Retrieved April 4, 2015.
  7. ↑ "Travel to Canada and Mexico". Berkeley International Office. Retrieved April 4, 2015.
  8. ↑ "Travel to Canada, Mexico, or Adjacent Islands". Harvard International Office. Retrieved April 4, 2015.
  9. ↑ "State Sponsors of Terrorism". United States Department of State. Retrieved December 30, 2018.
  10. ↑ "Automatic Visa Re-Validation". VirginiaTech. Archived from the original on May 22, 2016. Retrieved February 9, 2016.
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