What is Automatic Visa Revalidation?
The procedure known as "automatic visa revalidation" allows a person with an expired visa to re-enter the United States after a visit to Canada or Mexico using a valid, unexpired I-94 in place of a visa.
Criteria for "automatic visa revalidation:"
- The person seeking re-entry must be returning from a visit to Canada or Mexico of fewer than 30 days duration (N.B.: this procedure is not available if the visa holder has visited any countries other than Canada or Mexico);
- The person seeking re-entry must have a valid passport;
- The person seeking re-entry must be in possession of a valid, unexpired Form I-94 (Departure Record);
- Individuals in employment-based category such as H-1 or O-1 should have a current Form I-797 (Notice of Action/Approval Notice); and
- Effective April 1, 2002, automatic visa revalidation does not apply to nationals of countries identified as supporting terrorism.
Anyone meeting these criteria should be allowed to re-enter the United States as though they had never left. If the person seeking re-entry has had his or her status changed (such as from F-1 to H-1, or B-2 to F-2), then the person should be readmitted in the changed classification as if they have a visa in the proper category.
Automatic Visa Revalidation Issues
There are certain issues that must be kept in mind before using Automatic Visa Revalidation:
- The person applying for re-entry must present an original Form I-94 (Departure Record). This means that you cannot allow the airline (or anyone else) to remove your Form I-94 (Departure Record) when you depart from the U.S.
- The Form I-94 (Departure Record) presented must be valid. This means that it cannot have expired or be for an incorrect nonimmigrant status.
- The person seeking re-entry must not have violated his or her status when previously in the U. S.
Temporary Restrictions Effective April 1, 2002 Imposed by the U. S. Department of State
Effective April 1, 2002, citizens of "state sponsors of terrorism" (Cuba, Iran, North Korea, Sudan and Syria.) will no longer be able to take advantage of the automatic revalidation benefit. In addition, any nonimmigrant (not just citizens of "state sponsors of terrorism") who chooses to apply for a new visa while in contiguous territory will no longer be eligible for the "automatic revalidation" benefit during the course of that trip, but would rather have to wait until the visa is granted in order to reenter the United States.
