What is Automatic Revalidation?
Automatic revalidation allows certain temporary visitors who hold expired nonimmigrant visas to be admitted at a U.S. port of entry by U.S. Customs and Border Patrol.
Who May be Admitted into the U.S. Under Automatic Revalidation?
Visitors who may be admitted under the automatic revalidation provision of immigration law include and are not limited to the following:
- Nonimmigrant who departed the United States for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;
- Nonimmigrant who have a valid (unexpired) admission stamp or paper Form I-94, Arrival/Departure Record which has been endorsed by the Department of Homeland Security.
What Conditions Must be Met?
Individuals may be eligible for automatic revalidation if they meet the following conditions:
- 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 individual’s absence from the U.S. was thirty days or less.
- The individual 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 individual 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., an individual on a non-immigrant visa may travel to a nearby country to apply for a new visa.
- The individual is not a citizen of one of the countries designated by the U.S. (Iran, Syria, Sudan, North Korea).
If you or someone you know is interested in applying for a visa to the United States, consider setting up a consultation with an immigration attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.
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