Automatic Revalidation of an expired visa

NOTE: Re-entering the United States with a Valid I-94 Form and Expired Visa is very Limited

What Is Automatic Revalidation?

The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) has the authority and the responsibility over the admission of travelers to the United States. Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port-of-entry by CBP [CBP Notice], if they meet certain requirements, including, but not limited to the following:

• Nonimmigrants who departed the United States for brief travel to Canada, Mexico, or an adjacent island (Saint Pierre, Miquelon, The Dominican Republic, Haiti, Bermuda, The Bahamas, Barbados, Jamaica, The Windward and Leeward Islands, Trinidad, Martinique, Other British, French, and Netherlands territory or possessions in or bordering on the Caribbean Sea) (for F and J nonimmigrants) for thirty days or less;
• Nonimmigrants with a valid (unexpired) admission stamp or paper Form I-94, Arrival/Departure Record, endorsed by DHS.

Can I re-enter the U.S. with a valid I-94 and expired visa?

Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the United States (U.S.) may be admitted at a U.S. port of entry by U.S. Customs and Border Protection (CBP), including, but not limited to the following:

• Non- immigrants who departed the U.S., for brief travel to Canada, Mexico, or an adjacent islands, except Cuba (for F and J non-immigrants) for 30 days or less;
• Non-immigrants with a valid (unexpired) admission stamp or paper from I-94, Arrival/Departure Record, endorsed by Department of Homeland Security (DHS) showing an unexpired period of initial admission or extension of stay, or, in the case of a qualified F or J student or exchange visitor or the accompanying spouse or child of such an alien, is in possession of a current Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, or Form IAP-66, Certificate of Eligibility for Exchange Visitor Status, issued by the school the student has been authorized to attend by DHS, or by the sponsor of the exchange program in which the alien has been authorized to participate by DHS, and endorsed by the issuing school official or program sponsor to indicate the period of initial admission or extension of stay authorized by DHS.

A person is eligible for automatic visa revalidation provided the following conditions are met:  

• The underlying authorization for the current status continues to be valid for the Form I-129 for non-immigrant workers and Form I-20 for students in F status.      
• The person’s absence from the U.S. was 30 days or less.
• The person did not visit any countries other than Mexico or Canada in that period. Travelers who are on a F visa or J visa status are allowed to visit adjacent islands to the U.S.(i.e., the Caribbean).
• 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 U.S., a person on a non-immigrant visa may travel to a nearby country to apply for a new visa.
• Has maintained and intends to resume nonimmigrant status;
• Is applying for readmission within the authorized period of initial admission or extension of stay;
• Is in possession of a valid passport; and
• The person is not a citizen of one of the countries designated by the U.S., as a state sponsor of terrorism or anyone who has received training or a member of a terrorist organization.

If you changed your status to H-1B/H-2B/L/J and want to re-validate with a valid or expired visa of a different classification, you can do so provided you meet the requirements:

1. Is admissible;
2. Is applying for readmission after an absence from the United States not exceeding thirty days solely in contiguous territory or adjacent islands;
3. Is in possession of a valid passport unless exempt from the requirement for presentation of a passport; and
4. Presents, or is the accompanying spouse or child of an alien who presents, an Arrival-Departure Record, Form I-94, issued to the alien in connection with the previous admission or stay, the alien’s Form I-20 ID copy, and either: (A) A properly endorsed page 4 of Form I-20A-B if there has been no substantive change in the information on the student’s most recent Form I-20A since the form was initially issued; or B) A new Form I-20A-B if there has been any substantive change in the information on the student’s most recent Form I-20A since the form was initially issued.

Automatic revalidation is not the same as applying for a new visa. If you apply for a new nonimmigrant visa you cannot take advantage of automatic revalidation.

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

This webpage explains which travelers must reapply and be reissued visas when their existing visas have expired, even if they are in possession of valid admission stamp or paper Form I-94, in order to gain admission to reenter the United States.

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

The nonimmigrant traveler with an expired nonimmigrant visa (but valid admission stamp or paper Form I-94):

• 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. Review more about State Sponsors of Terrorism and FAQs on this website;
• 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.

Automatic visa revalidation visa involve analyzing your eligibility for the benefit and preparing and collecting evidence required to prove the case, therefore, you may be better served by retaining an immigration lawyer. Write us to schedule a consultation for requesting Change of Status and give us a call at (+1) 202-600-7742