Visa Revalidations

The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) has the authority and responsibility over the admission of travelers to the United States. All visitors must possess up-to-date and current visas, or they can be asked to leave and even be barred from entering the United States in the future.

Automatic visa revalidation (“AVR”) refers to a process that allows temporary visitors who hold an expired non-immigrant visa to re-enter the U.S. without needing to obtain an entirely new visa. AVR applies in situations where the traveler’s non-immigrant status is valid (that is, the classification under which they entered the United States is still true), but the visa itself has expired.

Revalidation also allows the visa holder to travel outside of the U.S. for a short time, generally not exceeding thirty days. Automatic revalidation is relatively inexpensive compared to other options, such as traveling to a home country to apply for a new visa.

Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired non-immigrant visas who seek to return to the U.S. may be admitted at a U.S. port-of-entry by CBP if they meet certain requirements, including:

• Non-immigrants who departed the United States for brief travel to Canada, Mexico, or an “adjacent island” (for F and J non-immigrants) for thirty days or less
• Non-immigrants with a valid (unexpired) admission stamp or paper Form I-94, Arrival/Departure Record, endorsed by DHS

“Adjacent islands” are near the U.S., generally in the Caribbean (except Cuba).

Under this provision, the expired non-immigrant visa is considered to be automatically extended to the date of readmission. Individuals who have changed their status from within the U.S. but do not possess a visa stamp for their current status may also be readmitted to the U.S. under Automatic Revalidation using a valid or expired visa stamp from a prior non-immigrant classification.

Visa revalidation differs from a non-immigrant visa extension and filing for a new visa. Filing for a visa revalidation is faster, cheaper, and more streamlined. The revalidation is granted automatically, with no need to attend a consular or embassy interview.

There are several benefits to getting your visa revalidated. First, visa revalidation allows you to renew your visa expiration date without the risk of being denied a new visa. It allows you to re-enter the country and will allow you to use the remainder of your originally allotted period for staying temporarily in the United States.

Foreign nationals who want to return to the U.S. using automatic visa revalidation must:

• Be seeking reentry to the U.S. from a visit of fewer than 30 days in Canada or Mexico (or a Caribbean island, for certain visitors). The automatic visa revalidation benefit is not available if the visit exceeds 30 days or if the visit includes countries other than those countries
• Have a valid, unexpired I-94 record. Depending on your circumstances, this may be:
  • A printout of the electronic I-94 record from the Customs and Border Protection website
  • The small, white card stapled into your passport if your last entry was at a land border
  • If your status changed or was extended while you were in the U.S., the card attached to the bottom right corner of your I-797 Approval Notice
• Have the correct visa-specific documents and intend to resume the same status back in the U.S.:
  • J-1 Exchange Visitors: a valid DS-2019 form
  • F-1 Students: I-20 and optional practical training EAD (employment authorization document) (if applicable)
  • H-1B Temporary Workers: I-797
• Have a valid passport
• Never have had a visa canceled
• Have maintained valid immigration status while in the U.S.
• Not have applied for a new visa at a U.S. consulate. Applying for a visa stamp abroad disqualifies a person from reentry using automatic visa revalidation.
• Not be a national of a country designated by the U.S. government as a state sponsor of terrorism (currently, those are Cuba, North Korea, Iran, and Syria)

Individuals meeting these criteria may re-enter the United States despite their expired visas. If their status changed while in the U.S. (for example, from F-1 to H-1B), they may be readmitted in their current status even though the old visa does not list that current status.

Who Is Eligible for Automatic Visa Revalidation?

Not everyone is eligible for automatic visa revalidation. In order to be eligible, you must meet several requirements. You must:

• Have a valid immigration status
• Have a valid passport that will not expire for at least 6 months
• Have an original visa that is about to expire or has recently expired – either it is valid for less than 60 days or has expired within the last twelve months

The visa revalidation can be obtained by filing through the U.S. State Department in Washington D.C. You can also apply through the U.S. Consulate office where you first obtained your visa. Most easily, you appear at a border and present your documentation, and if you qualify, your visa will be automatically revalidated.

Who Must Reapply for and Be Reissued a Visa at a U.S. Embassy or Consulate?

Many non-immigrants will need to reapply and be reissued visas to re-enter the U.S. when their existing visas have expired, even if they have valid admission stamps or paper Form I-94 because automatic revalidation applies to limited categories of travelers. The following temporary visitors whose non-immigrant visas have expired but who have a valid admission stamp or paper Form I-94 must reapply for and be issued non-immigrant visas before their reentry to the United States if one or more of the following situations exists (this is not a complete listing):

• Applied for a new visa which has not yet been issued
• Applied for a new visa and was denied
• Has been outside of the United States for more than thirty days
• Has traveled to a country other than Canada, Mexico, or an adjacent island which is not included in the automatic revalidation provisions
• Is a national of a State Sponsor of Terrorism designated country, including Iran, Syria, and Sudan
• Is in possession of an F student visa or J exchange visitor visa and has traveled to Cuba
• Is in possession of an M student visa and has traveled to a location outside the United States other than Canada and Mexico

Do I Need a Lawyer for Automatic Visa Revalidation?

Obtaining a visa revalidation is a valuable option for those traveling outside the U.S. during a temporary stay. As can be seen, the automatic visa renewal process can be complicated to understand. It is preferable to consult with a lawyer before traveling outside the U.S. to ensure you can re-enter the U.S. without any unforeseen issues.

However, to make the process easier for travelers, the process has been streamlined in recent years. Consulting with an experienced immigration lawyer in your area will help determine your eligibility for automatic visa renewal, ensure you meet all of the necessary requirements, and get guidance through the process. If you do not qualify for automatic visa revalidation, an immigration attorney can also explain your options.