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Understanding the "Automatic Visa Revalidation" Process

Posted by Keshab R. Seadie | Jul 14, 2023 | 0 Comments

"Automatic Visa Revalidation" procedure often applies to non-immigrant aliens who have previously used a visa for admission into the United States and are seeking readmission. Two scenarios can occur:  a) They may be readmitted under the same nonimmigrant classification as indicated on their expired visa. b) They may be readmitted under a different nonimmigrant classification as depicted on their expired or valid visa if a change of status happened while they were in the United States.

Please note, the individual's absence from the U.S. must not exceed 30 days and their travel should be restricted to specific geographical regions.  The process of reentry under these conditions is known as "Automatic Visa Revalidation." How this is applied can vary depending on the individual's nonimmigrant visa classification. 

The majority of nonimmigrants can utilize automatic visa revalidation for readmission after traveling to a "contiguous territory" such as Canada or Mexico. For nonimmigrants holding F or J classification, this can apply after travel to a "contiguous territory" or "adjacent islands other than Cuba."  

To be eligible for this benefit, the nonimmigrant alien must present a valid passport, a valid Form I-94 (Departure Record or Arrival-Departure Record), and either (a) an expired nonimmigrant visa of any classification or (b) a current, valid nonimmigrant visa of any classification.  For a successful Automatic Visa Revalidation application, a nonimmigrant alien must meet certain conditions upon applying for readmission to the United States:  Present a Form I-94 showcasing an unexpired period of initial or extended authorized stay. If the individual has applied for and received an extension or change of nonimmigrant status while in the United States, the Form I-94 may be attached to, or separated from, a Form I-797, Notice of Action.  Nonimmigrant aliens (including an accompanying spouse or child) applying to be admitted in F, M, or J classification must also present one of the following documents as applicable:

For F or M classification: A valid Form I-20, Certificate of Eligibility for Nonimmigrant, issued by the school at which the Department of Homeland Security has authorized the principal nonimmigrant's attendance. 

For J classification: A valid Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, issued by the authorized program sponsor indicating the unexpired period of stay. Present a valid passport with a nonimmigrant visa, whether valid or expired, used for prior admission to the United States. If the individual's current passport does not contain the nonimmigrant visa, they must present a previous passport with a visa.

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