Automatic visa revalidation
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.{{cite web|url=https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html|title = Automatic Revalidation|publisher = United States Department of State, Bureau of Consular Affairs|accessdate = December 28, 2018}}{{cite web|url=https://help.cbp.gov/s/article/Article-1218?language=en_US|title = Automatic revalidation for certain temporary visitors|accessdate = March 5, 2020|publisher = United States Customs and Border Protection}}{{cite web|url=http://www.cbp.gov/sites/default/files/documents/auto_reva.pdf |title=Important Update - Automatic Revalidation of Visas |publisher=United States Customs and Border Protection |date=May 23, 2012 |url-status=dead |archiveurl=https://web.archive.org/web/20160603062313/http://www.cbp.gov/sites/default/files/documents/auto_reva.pdf |archivedate=June 3, 2016 }}
Rules
A person is eligible for automatic visa revalidation provided the following conditions are met:{{cite web|url=http://www.isso.cornell.edu/immigration/visas/autoreval.php |title=Returning to the U.S. from Canada or Mexico |publisher=Cornell University International Students and Scholars Office |accessdate=April 4, 2015 |url-status=dead |archiveurl=https://web.archive.org/web/20150410181757/http://www.isso.cornell.edu/immigration/visas/autoreval.php |archivedate=April 10, 2015 }}
- 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).{{cite web|url=https://internationalaffairs.uchicago.edu/page/automatic-visa-revalidation|title = Automatic Visa Revalidation|publisher = Office of International Affairs, University of Chicago|accessdate = April 4, 2015}}
- 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{{cite web|url=http://www.winthrop.edu/international/renewvisa/|title = Visa & Passport Renewal|publisher = International Center, Winthrop University|accessdate = April 4, 2015}} 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.{{cite web|url=http://internationaloffice.berkeley.edu/can-mex_travel|title = Travel to Canada and Mexico|publisher = Berkeley International Office|accessdate = April 4, 2015}}{{cite web|url=http://hio.harvard.edu/travel-canada-mexico-or-adjacent-islands|title = Travel to Canada, Mexico, or Adjacent Islands|publisher = Harvard International Office|accessdate = April 4, 2015}}
- 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).{{cite web|url=https://2009-2017.state.gov/j/ct/list/c14151.htm|title = State Sponsors of Terrorism|publisher = United States Department of State|accessdate = December 30, 2018}}
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.{{cite web|url = http://www.nvc.vt.edu/international/students/miscellaneous/travel/automatic-visa-re-validation|title = Automatic Visa Re-Validation|publisher = VirginiaTech|accessdate = February 9, 2016|archive-url = https://web.archive.org/web/20160522180602/http://www.nvc.vt.edu/international/students/miscellaneous/travel/automatic-visa-re-validation|archive-date = May 22, 2016|url-status = dead}}
References
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