Automatic Visa Revalidation Laws

Automatic visa revalidation, or “AVR,” refers to a process that allows temporary visitors to the United States who hold an expired nonimmigrant visa to re-enter into the U.S. after a time away without needing to obtain an entirely new visa. Revalidation allows the visa holder to travel outside of the U.S. for a short period (generally no more than 30 days) and minimize the risk that they will not be able to re-enter the country upon their return if their visa has expired.

Visa revalidation can be an attractive option for those with nonimmigrant status. The revalidation process is simpler and relatively less expensive when compared to other options.

What Are the Eligibility Requirements for Automatic Visa Revalidation?

Automatic visa revalidation is reserved for specific classes of visa holders. Thus, not every type of visa is eligible for AVR. To be considered eligible for automatic visa revalidation, the following requirements must be met:

• The nonimmigrant visa holder must have a valid and unexpired Form I-94: Arrival-Departure Record
• Form I-94 must be endorsed by the Department of Homeland Security
• The visa holder’s nonimmigrant status must be valid, even if the visa has expired. For example, if the visitor holds a B-1 business visitor visa, they must still be a business visitor.
• The visa holder also must have a valid passport. Please note that the passport must be valid for at least 6 months after the day they enter or re-enter the United States.
• For F and J nonimmigrant classifications, travel outside of the U.S. must be for thirty days or less limited to Mexico, Canada, or an adjacent island. It is important to note that Cuba is not included in the list of adjacent islands.

Previously, revalidation was allowed for the visa classifications E, H, I, L, O, and P. However, as of 2011, visa revalidation has been discontinued for these classes. These new procedures effectively restrict AVR to situations where the visa holder is traveling to Mexico or Canada for no more than thirty days and is not seeking a new visa.

AVR is not available if the nonimmigrant:

• Has applied for a new visa, which has not yet been issued, or was denied
• Has traveled outside of the U.S. for longer than thirty days
• Holds an F or J visa and has traveled to a country other than Mexico, Canada, or one of the adjacent islands listed in the AVR provisions
• Is a national of any country designated as a State Sponsor of Terrorism, as determined by the United States
• Possesses an F or J visa and has traveled to Cuba
• Possesses an F or J student visa and has traveled to a destination outside of the United States other than Canada or Mexico
• Has obtained a visa under the Visa Waiver Program

If any of these criteria are met, the nonimmigrant must reapply for a new visa. Visas can be reissued at a U.S. embassy or consulate in the nonimmigrant’s home country.

What Should I Know About Visa Extensions?

Automatic visa revalidation is not the same as obtaining a visa extension or filing for a new visa. Visa holders are generally approved for temporary visa extensions if they provide sufficient reason as to why they need to do so. Because of this, it may be helpful to discuss visa extensions further to understand exactly how the two differ from each other.

To be eligible for a visa extension, the following criteria must be met:

• Admission into the United States with a nonimmigrant visa must be lawful
• The nonimmigrant visa must be currently valid
• They must demonstrate no crimes were committed that would disqualify them from a visa extension
• The application for a visa extension must be submitted before their stay expires
• Their passport must be valid for their entire stay

The key difference between visa extension and visa revalidation is whether or not the visa has expired. If it has, they cannot apply for a visa extension – they have to apply for revalidation. On the other hand, if their visa is still valid, they can apply for an extension.

If a visa extension application is denied, it may still be possible to appeal it. To do so, the visitor will need to contact the United States Citizenship and Immigration Services (“USCIS”) for the steps that must be completed. Another option is to file for permanent status instead of simply filing for a visa extension.

What Are Some Helpful Tips Regarding Automatic Visa Revalidation?

The following is a list of recommendations and helpful tips when it comes to automatic visa revalidation:

• Keep up on the most current law: Although it may seem obvious, a visitor should always stay current with the current law regarding automatic visa revalidation. The law can be found at 8 C.F.R. Section 214.1. and 22 Section C.F.R. 41.112. Their best bet is to hire an immigration lawyer who will be familiar with these sets of laws rather than trying to learn it on their own
• Ensure travel documents have a Customs and Border Protection (“CBP”) admission stamp: Travelers used to have to carry their Form I-94 with them; however, that is not the case today.
  • The U.S. CBP has now streamlined the admissions process for travelers by automating Form I-94 through a CBP admission stamp placed on the traveler’s documentation. It is important to make sure that they receive this stamp before traveling outside of the country.
• Don’t try to cheat the system: Although it may seem obvious, they cannot travel to Canada and Mexico as a stopover then make a round trip to another place in the world, such as China or Europe. If a visitor is caught doing this, they will likely be denied re-entry to the United States.
• Do not apply for a new visa while the revalidation request is still in process: As noted above, a visitor should not apply for a new visa if they wish to re-enter the United States using the AVR rule. If their application for a new visa is denied, they will not be able to re-enter using the AVR rule.
• Travel by air if possible: Airports, especially major airports, have the best trained Customs and Border Protection officers. This means that traveling through major United States airports will often result in fewer problems for those re-entering the United States using the AVR rule. However, they should always leave an ample amount of time at the airport should any issues arise.

Do I Need a Lawyer for Automatic Visa Renewal?

As can be seen, the automatic visa renewal process can be complicated to understand. Consulting with an experienced and local immigration lawyer will be quite helpful in determining your eligibility for automatic visa renewal.

Additionally, an experienced immigration lawyer can answer any questions you may have concerning visa extensions and revalidations. An attorney can guide you through the entire automatic visa revalidation process. The attorney will make sure that you meet all of the revalidation requirements and will ensure that the immigration authorities are made aware of all of the facts that support your case.